You may need to attend a deposition if you’ve been in a car accident. This process involves answering questions under oath, and your responses can significantly impact your case. This article provides essential tips on preparing for your car accident deposition and protecting your rights. For expert guidance, contact GJEL Accident Attorneys for a free consultation.
In many car accident cases, a victim will have to attend a deposition, during which he or she will be asked a series of questions under oath.
An insurance company’s attorney usually asks these questions in the presence of a court reporter. If the victim has retained legal counsel, his or her attorney will also be present, can object to certain questions, and advise the victim regarding his or her legal rights.
Depositions are subject to certain legal rules, and victims can take steps to prepare for their deposition to ensure they are not caught off guard by certain questions or say things that may improperly concede liability or otherwise jeopardize their ability to recover compensation.
Some of the things car accident victims can do to ensure their deposition goes as smoothly as possible. Here are our tips for a car accident deposition & what to expect;
1. Refresh Your Memory
One of the most basic and important steps car accident victims should take to prepare for a deposition is to refresh their memory of how and under what circumstances the accident occurred. This can involve looking at pictures, reading the police report, talking to eyewitnesses or passengers, or simply going over the auto accident in their minds.
2. Anticipate the Questions You Will be Asked
While no two car accidents are the same, certain issues tend to pop up repeatedly in car accident litigation. For this reason, most lawyers and law firms have developed a set of standard questions they ask car accident victims.
If you’ve retained an experienced lawyer, he or she can review the standard car accident deposition questions so you’ll know what to expect and be prepared to answer these questions.
3. Go Over Any Prior Statements You Have Made
In many cases, car accident victims who are being deposed have already responded to written questions called interrogatories or made verbal statements to law enforcement or insurance companies investigating the accident. The attorney conducting the deposition will likely be able to access these statements. Because inconsistent statements can cast doubt on the truthfulness of a person’s testimony, it is important for car accident victims to thoroughly review their prior statements to prevent confusion or mistakes caused by fast-paced or aggressive questioning.
4. Listen Carefully to the Questions You Are Asked
It is impossible to answer a question you do not understand accurately. For this reason, it is important to ensure you thoroughly understand a question before you begin answering it.
If you do not understand a question, ask the person posing it to rephrase it or clarify what information he or she is seeking. While the questioner may seem annoyed or impatient with requests to clarify what is being asked, it is better to ensure you are answering a question you understand rather than provide information to a question that has not been asked.
5. Take Your Time Before Answering Questions
As a car accident victim who is being deposed, you can often feel like you’re being attacked and have no control in the situation. By taking your time between a question being posed and providing an answer, you can control the pace of the deposition and allow your attorney to object to improper questions.
Furthermore, taking your time allows you to gather your thoughts, which can help you avoid saying things that may inappropriately concede facts or indicate liability for the accident.
6. Do Not Volunteer Unnecessary Information or “Fill in the Blanks” with Conjecture
It is important for car accident victims who are being deposed to refrain from providing more information than is required to answer a question. For example, if a questioner asks where you were going when the accident occurred, provide an address rather than explaining the purpose of your visit to that particular location.
Relatedly, many people who are deposed desire to answer all of the questions asked, even if they are unsure. If you do not know the answer to a question, state that you do not know – guessing or making up facts to fill in gaps in your knowledge can have a negative impact on the perceived truthfulness of the rest of your testimony.
7: Remember to Stay Calm
Most attorneys conducting depositions on insurance companies’ behalf are polite and professional. That being said, they are required to represent their client’s interests and may take a sarcastic tone or make it clear through their facial expressions that they do not believe a particular piece of testimony. In addition, some questions may be phrased in such a way so as to indicate that any disagreement with the premise contained in the question would be viewed as a lie.
Remember that this is not personal, and the questioner is simply doing his or her job. In addition, there is a good chance that if you allow the questioner to upset you or break your concentration, you may say or do something that weakens your case. In fact, in some cases, this may be an intentional tactic. It is important to remember to stay calm and discuss any concerns you may have with your attorney.
Do the deposition tips seem overwhelming? Contact GJEL Accident Attorneys
If you have been involved in a car accident, you may be able to recover significant compensation. In many cases, before recovering compensation, you will be required to go through a deposition, during which you will be asked questions pertaining to the accident. The answers to these questions may significantly impact your ultimate recovery.
As a result, it is important to retain an experienced attorney who will prepare you for your deposition and represent your legal rights during it. To schedule a free consultation with an experienced California car accident lawyer, call our office today at 866-218-3776 or email us through our online contact form.
Navigating a car accident claim can be complex, and a deposition is a critical step in the legal process. By following these tips and preparing thoroughly, you can confidently approach your deposition and protect your ability to recover fair compensation for your injuries and damages.
If you’ve been involved in a car accident and are facing a deposition, it’s crucial to have experienced legal representation on your side. GJEL Accident Attorneys can provide the guidance and support you need, ensuring your rights are protected and helping you navigate the complexities of your case. Contact us today for a free consultation.