One of the components of a personal injury lawsuit is the giving of the deposition by the personal injury claimant. Unfortunately, if the other driver or their attorney asks to take a deposition, the law requires that you do so. Fortunately, the law allows you to have an attorney present, something you should absolutely, positively make sure you do.
What is a Deposition?
A deposition is a question and answer session with the other side’s attorney. The other attorney will ask you questions. You will give answers. Your attorney will be there with you during the deposition. A court reporter will also be there, taking down everything that is said. The court reporter is also called a stenographer. Sometimes (but not usually) depositions are videotaped.
Your attorney can work with the other side’s attorney to come up with a mutually agreeable time for the deposition to take place. You can also prepare for the deposition with your attorney, a process that might include role-playing or coming up with likely questions you expect the other side to ask.
What Happens at a Deposition?
During the deposition, you, not your attorney, are the one who will answer the questions, making it important that you show up prepared. A car accident lawyer can prepare you for the process, helping to minimize the stress and prevent it from seeming overwhelming.
What Questions Will the Other Side Ask Me?
Theoretically, the other side can ask you anything they want. But the most likely scenario is that they will ask detailed questions about the day of the crash, the crash itself, and any injuries you are claiming. Their overarching goal is to catch you contradicting yourself or demonstrating a lack of credibility.
Here are some examples of common questions asked:
- What is your recollection of the car accident?
- What were you doing immediately before the accident?
- Are you currently on any medications?
- Did you take those medications the day of the crash?
- How much income have you lost from work? How does your employer pay you? What is your salary? If you are self-employed, how do you calculate your earnings?
- Do you have any pre-existing conditions related to the current injuries you are claiming?
Just as the other side uses a deposition to attempt to extract information from you that they can later use against you, you have the ability, along with your attorney, to do the same to them. Your car accident lawyer can decide if it is a good idea to depose the other side and, if so, what line of questioning to pursue during the deposition. Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.
Contact us today at 786 Lawyers for a free consultation!