A deposition is a formal question-and-answer session that takes place before an expected trial. During the legal proceeding, you will be asked questions about the accident you were in, your injuries, and your compensation request. You will be sworn in just as you would for an in-court proceeding and could face penalties for giving untrue answers or knowingly making false statements.
If you have a pending legal matter headed for trial, each side in your dispute may request a deposition. The lawyer representing you will explain what a deposition is and what you can expect. Your lawyer can also work with you ahead of time to ensure you are properly prepared to answer the questions and will be by your side throughout the deposition as well.
Questions You Might Be Asked During a Deposition
During a deposition, you must answer the questions presented to you honestly and to the best of your ability. In an injury case, some of the questions you might be asked include questions about:
- Your personal information
- Your injuries and recovery
- Your pre-accident medical history
- Your recollection of the accident
- Your mental state since the accident
- Your post-accident physical abilities
Depending on the number of questions asked and their response times, a deposition can take hours or several days. The injury lawyer who accepts your case will explain the deposition process and what you should expect during the entire pretrial process. You can also ask questions to ensure you and your attorney are on the same page.
Understand Who and What to Expect at Your Deposition
Going into a deposition alone can feel overwhelming and intimidating. The attorney representing you will accompany you. In addition, you can expect to see:
- The at-fault party
- The at-fault party’s attorney
- A court reporter
- A videographer
You will not have to face the scrutiny and stress of being deposed on your own. Your attorney will be present to support you. This is important as attorneys for both sides of a civil dispute are allowed to ask questions. They can also advise you, protect you from unfair questioning, and ensure the process is amicable.
Once the deposition is complete, your lawyer will receive transcripts of the proceedings or a videotape if one was made. Both sides will exchange this information and all other evidence related to your case as part of the discovery process.
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A Car Accident Attorney Can Help You Prepare for Your Deposition
Most car accident cases settle outside of court, which can make the idea of going to court and the lengthy pretrial process unsettling. Your lawyer will be with you at each step of the deposition — before and after.
To help you prepare, they will:
- Explain the deposition process step by step
- Ask sample questions and help you prepare responses
- Prepare any required or requested documents
Your case can still go to court even after you are deposed. In fact, your case can be resolved with a settlement up until a verdict is returned. Your lawyer can prepare you for this possibility and explain how the weight of the total evidence might still lead to a favorable settlement.
A Car Accident Lawyer Will Help You Build a Comprehensive Case File
The lawyer who handles your injury case will work hard to ensure the at-fault party is held responsible for the financial consequences of their negligence. They also will collect evidence, locate and interview witnesses, and consult experts as needed.
In most cases, your lawyer will also represent you on a contingency fee basis. With this type of fee agreement, you will incur no upfront or out-of-pocket costs. You also will owe your lawyer no compensation at all unless a financial award is recovered for you.
Additional Evidence That Will Support Your Request for Compensation
Your deposition is only one part of the evidence that supports your case. In addition to its transcripts, your comprehensive evidence file will also contain the following:
- Medical records and bills
- Your written prognosis
- Proof of income loss
- Accident or incident report
- Therapy and rehabilitation records
- Accident scene and injury photos
- Witness statements
- Expert witness statements
Your lawyer will obtain, compile, and organize this evidence for you so that you can focus your effort and energy on your physical recovery.
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Get Immediate Help With a Deposition for Your Personal Injury Case
Were you or someone you love going to trial because someone else’s negligence injured you? You do not have to fight to recover damages on your own. We take time to learn about your case and explain what a deposition is, why you might have to be deposed, and what could happen if your case goes to trial.
Learn more and find out how hard we will fight for you by contacting our case review team at Bader Scott Injury Lawyers today