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In a car accident case, a deposition is an out-of-court hearing that lets a lawyer ask a witness about the accident under oath to collect more information that may be used as evidence. The lawyer will likely ask about how the accident occurred, the resulting injuries, and medical treatment. During a deposition, you might answer questions about information from documents like police reports.
Lawyers can generally depose anyone relevant to an ongoing legal action. This includes the plaintiff, the defendant, and witnesses like law enforcement officers and doctors. Depositions are typically admissible in court as evidence. A lawyer can show them in their entirety or in small clips as testimony.
Depositions are crucial to the discovery phase of a car accident lawsuit because they allow both parties to collect the information they need, make determinations on the testimony, and generally better understand how the case can proceed.
Where Will a Deposition Take Place?
Most depositions are conducted during in-person meetings, but sometimes, a person will provide a written deposition. Depositions often occur at an attorney’s office but can occur elsewhere if another place is more convenient. Sometimes, they can take place in a hospital or doctor’s office.
How Long Can a Deposition Take?
The length of a deposition usually depends on the specific case and how complex it is. Some cases require more questions than others.
Generally speaking, depositions take a few hours. Sometimes, they can last a few minutes or occur over a few days, depending on the case’s complexity. Your lawyer should be able to evaluate your car accident case and provide their best estimate for how long your deposition will be.
What Questions May I Be Asked During a Deposition?
You’ll likely face questions about what happened before and during the accident, your injuries, subsequent medical treatment, and other relevant information during a car accident deposition. Your attorney can prepare you before your deposition to answer questions.
Be ready to answer questions about the following:
- Details about what occurred right before, during, and after the accident
- The injuries you suffered
- How you suffered those injuries
- Your actions in the immediate aftermath of the accident
- The injury’s impact on your life or livelihood
- The days leading up to the accident
You may have to confirm or clarify information from secondary sources, such as police reports or insurance documents, as part of your testimony.
Additionally, be prepared to answer questions about:
- Your education level
- Your work history and experience
- Your family history
- Your medical history
- Your personal life
How Should I Answer the Deposition Questions?
Some best practices and general guidelines exist for answering questions during a car accident deposition. The following tips should help you avoid common deposition pitfalls and guide you in handling your deposition.
Answer Concisely
Try to answer the question posed to you as directly as possible. The attorney can ask follow-up questions if your answer requires further details or clarification. Irrelevant information can confuse or bring up unnecessary facts that could harm the case.
Avoid Speculation
Do not make guesses if you’re unsure of an answer. Part of the purpose of a deposition is to determine what you know and don’t know. Answering questions you don’t know the answers to can cause unnecessary problems. “I don’t know” is a standard answer that can help avoid any issues when faced with a question you can’t answer.
Control Emotions
You might face some inflammatory questions meant to provoke you during a deposition. You may want to fire back out of resentment. Refrain from doing this and try to keep your composure.
Focus on the Current Question
You will be asked many questions during the deposition, which might be overwhelming. Answer the questions as they come, one at a time. If clarification is needed, the attorney can ask follow-up questions.
Short, Accurate Answers
Use “yes” or “no” answers whenever possible. They’re a concise way to respond without offering up any extra information.
Use the Facts
Your lawyer will likely review your case’s facts before your deposition. Use them as a guide for answering the questions by sticking to them as closely as possible. It’s essential to get them on the record.
Is It Possible to Get into Trouble at a Deposition?
Because depositions are under oath, what you say is under a high level of scrutiny. There are severe consequences for lying in a deposition. You could face perjury charges, an offense for which you could go to prison. Dishonesty during a deposition can also hurt your credibility as a witness. It can affect the outcome of the discovery process and the case.
What Will Happen After a Car Accident Deposition?
A court reporter keeps a written record of everything said at depositions for later reference as mandated by law. They might record the testimony as well. The court reporter will create a transcript of the deposition as legally required. It may take a few weeks before the transcript is available for both parties to review. If there are any mistakes or issues, your lawyer raises those concerns to get them remedied.
Your lawyer will also assess the deposition’s impact on your case. They will likely be as honest as possible, including letting you know if the deposition does not help your case. However, their straightforward judgment will be an asset to mapping out the future of your car accident case.
After a deposition, you might have to see an independent doctor, chosen by the other party’s insurance company, for a medical assessment of your car accident injuries.
Contact an Oklahoma Car Accident Lawyer
An experienced lawyer can protect your rights during a deposition and handle all other parts of your car accident claim. To learn more, contact Edwards & Patterson Law for your free consultation with an Oklahoma car accident attorney.
