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Depositions After a Car Accident: What To Know
If a personal injury lawsuit opens after a car accident, a procedure known as "discovery" will occur. According to this process, there is a chance for both sides of the case to examine each other's (and their own) positions and gather evidence that will be under use during the trial. The plaintiff's deposition is one of the most crucial steps in the discovery phase, especially from the defendant's perspective.
The plaintiff's deposition allows the defendant to investigate the lawsuit's factual basis. It's also an opportunity for the defendant to hope that the plaintiff makes an error on the record and under oath. You won't win the case during the deposition if you're the plaintiff, but you can almost certainly lose it. As a result, it's critical to take the deposit seriously and come prepared. With that in mind, here are five things to consider before and during your automobile accident deposition.
1. Say as little as possible.
You must attend at least one deposition as the plaintiff in a vehicle accident case. You may wish to avoid it, but you won't be able to do so unless exceptional circumstances exist.
The defendant's attorney (representing the other driver or the other driver's auto insurance company) will ask you a series of questions during the deposition, which will most likely take many hours to complete.
Remember that when it comes to topics like blame for the vehicle accident and the number of your injuries, the defendant's attorney seeks to obtain as much information as possible. As a result, one of your objectives should be to provide us with a few details as possible while still responding to the questions. You're only aiding the opposite side if you provide more information than is required.
Not answering isn't to say you can't decline to answer a question (you can decline in some circumstances, but that's up to your lawyer to decide) or withhold factual facts. But, instead, respond to the question that has been posted and do not provide information that someone does not request.
It's critical to resist the temptation to "give your side of the storey." Although it may be tempting, offering additional information during a deposition is rarely beneficial to your cause. You can always supply further details later when your attorney asks you follow-up questions during the deposition or while you're supplementing or changing your responses to other discovery requests if you believe the defendant's attorney requires it.
2. Come prepared
Ideally, a vehicle accident lawyer will assist you in preparing for your deposition. In any case, you'll need to go over important documents like the police report, medical records, and anything else that can help you remember what happened. Additionally, your counsel will have already answered the defendant's requests for document production and interrogatories before your deposition. Therefore, you'll want to double-check the answers you've already given and the documents you've already produced so that any testimony you provide during your deposition is in line with the facts the defendant's counsel already has.
Prepare to answer questions regarding your personal history, medical history, accident details, injuries you claim the accident caused, and medical care you've had since the accident.
Finally, despite your best efforts, the defendant's attorney will undoubtedly ask you a question or two that you will be unable to answer. It's acceptable to state you're not sure. What you don't want to do is guess or hypothesise.
3. Be aware that the defendant wants to bind you to a set of facts.
When it comes to how the accident happened and what your damages are, the defendant's team seeks to pin you down to one version of your "storey." However, having multiple "stories" can jeopardise your reputation. For example, if you state you were driving about 35 miles per hour shortly before the collision during your deposition, you say you were travelling around 25 during the trial. The defendant's attorney would depict you as having a very faulty memory (at best) or having just committed perjury (at worst).
4. Remember that Defendant's Attorney is taking notes on more than just your answers.
Because most communication is nonverbal, the defendant's attorney will be observing you as well as listening to you, according to trial attorneys. Your temperament, likability, and believable appearance will all be factors the attorney considers. If you don't come off as credible or likeable, the defendant's counsel will notice and view it in their assessment of your case's strength (juries award more compensation to a friendly plaintiff).
5. Prepare to go fishing with the Defendant's Attorney.
There is a great deal of information that the defendant's lawyer will be unaware of. As a result, it's natural for some queries to appear utterly random.
For example, suppose you allege that an automobile accident caused specific injuries. In that case, the defendant may argue that the injuries you claim are preexisting injuries by the car accident. As a result, the defendant's lawyer is likely to inquire about any previous injuries or physical issues you may have had. Even if you don't believe it has anything to do with the vehicle accident, you may need to answer these questions. Of course, your attorney will object if the inquiries are inappropriate.
Contact a Deland car accident lawyer.
An experienced DeLand Car accident lawyer can help you answer all your questions, so contact me today.
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