Depositions in Car Accident Lawsuits: What Are They?

You might have heard the term “deposition” thrown around. It sounds fancy and official, and maybe you’re wondering what exactly it is and how it applies to your car accident case. 

If someone else’s negligence caused your accident, you shouldn’t have to shoulder this burden alone. A car accident lawyer from Riddle & Brantley and other experienced law firms can be your champion, fighting tirelessly to secure the compensation you deserve. 

We’ve curated this article to serve as a guide that tells you all you need to know about car accident depositions, starting from what they are to what happens after one is conducted. 

What is a Deposition? 

A deposition can be defined as a formal question-and-answer session outside of a courtroom. You, or someone else involved in the accident, will be questioned by an attorney under oath, which means you’re sworn to tell the truth. 

Depositions serve several purposes. They help lawyers gather information, assess the strengths and weaknesses of each case, identify potential witnesses, and sometimes even uncover new evidence. 

They can also be used to lock someone into their story. If their testimony at trial contradicts what they said in the deposition, it can be used to impeach their credibility. 

Depositions typically happen after you’ve filed a lawsuit and exchanged basic information with the other side. 

Also, the length of a deposition depends on the complexity of the case and the number of questions asked. Typically, they can last anywhere from a few hours to a whole day, with breaks in between, of course. 

What is the Deposition Process/Steps for Settlement? 

These are the steps in the deposition process:  

1. Scheduling: Once a lawsuit is filed, your lawyer and the other side’s lawyer will work together to schedule a deposition date and location. This could be at a lawyer’s office, a conference room, or even your own home if you have trouble traveling due to injuries. 
2. Preparation: Before the deposition, your lawyer will meet with you to go over the details of the accident and prepare you for the types of questions you might be asked. This includes things like what happened leading up to the crash, the impact itself, and any injuries you sustained. 
3. The Deposition: On the big day, you’ll be sworn in under oath and then questioned by the other side’s lawyer. It’s important to be honest and truthful and answer the questions to the best of your ability. The good news is that your lawyer will be there by your side the entire time, ready to object if necessary. 

What Happens After a Deposition? 

Once the deposition is complete, the court reporter will create a transcript that both sides can review. This transcript can be used for various purposes throughout the case, such as settlement negotiations or even at trial if necessary. 

The transcript becomes part of the official case file. Lawyers can use it to strategize, identify weaknesses in the other side’s case, or even use excerpts during a trial if necessary. 

Depositions can sometimes lead to settlements too. If the questioning reveals new information or inconsistencies, it might encourage the other party to settle to avoid going to court. 

FAQs 

Now, let’s answer some of the most common questions people have about depositions: 

How Long Does a Deposition Take? 

As mentioned earlier, there’s no one-size-fits-all answer. It depends on the case’s complexity and the number of questions asked. Depositions can range from a few hours to a whole day. 

What is the purpose of a deposition? 

Depositions serve two main purposes: to gather information and to assess credibility. By asking questions, the other side’s lawyer is trying to understand what happened and how strong your case is. They’re also trying to get a sense of you as a person, so you have to be confident and truthful in your answers. 

Do I need a lawyer for a deposition? 

Absolutely! A lawyer is required to guide you through the process, prepare you for the questions, and object to anything unfair. They’ll also advocate for you and make sure your voice is heard. 

What should I wear to a deposition? 

Dress professionally, like you would for a job interview. This shows the other side that you’re taking the process seriously. 

What if I don’t remember something exactly? 

That’s okay. It’s perfectly fine to say “I don’t remember” or “I’m not sure” if you can’t recall something specifically. Just be honest and truthful in your answers.