If you are in a motor vehicle accident and take the case to court, it is likely that part of the legal process will include a deposition. In this article, we’ll explain what a deposition is and how it might go for a typical motor vehicle accident case.
A deposition is a legal term referring to a witness giving testimony under oath but outside of the courtroom. Depositions are done as part of building a case, used as an opportunity for attorneys to gather information that can help their clients win their case. An attorney’s goal in a deposition is to find out any and all relevant information so that there are no surprises in court when a witness takes the stand.
In a motor vehicle accident, depositions are typically attended by the individual being interviewed, the parties to the lawsuit, attorneys for both parties, and a court reporter to administer oaths. The court reporter will record all testimony and make a written transcript of the deposition available to all parties afterward.
Most of the time in a motor vehicle accident legal case, the claimant will be deposed. It is not mandatory for the claimant to be represented by a lawyer, but it is recommended. In addition to being present for the deposition, an attorney can also help individuals prepare.
Questions that are commonly asked at motor vehicle accident depositions include:
If you are being deposed and you don’t know the answers to one or more of the questions being asked, it is best not to guess.
After a motor vehicle accident deposition, both parties will have an opportunity to review the transcripts. The attorneys for either side will typically evaluate the transcripts for their impact on the case. Sometimes, further depositions or evidence-gathering will be needed. The defendant’s team may make a request for the claimant to undergo an independent medical examination to verify their claims.
Ultimately, the defendant’s legal counsel may offer a settlement and, if it is not accepted, the case will then go to court.