Most car accident claims settle without the need to file a lawsuit. However, when the insurance company for the other driver refuses to negotiate in a fair manner or the issue of fault for the collision is disputed, it may be necessary to file a lawsuit. Keep in mind that the lawsuit can be settled at any point before the jury verdict. Therefore, you may or may not go through all the steps involved in a car accident lawsuit, such as a deposition.
What is a Deposition?
A deposition is a form of discovery where the other party asks questions under oath to obtain additional information about your case. It is a way to get answers to questions before you go to court. Depositions are also used for expert witnesses to obtain testimony during the discovery process to determine the strength of your claim. Sometimes, an attorney will take the deposition of an eyewitness to determine what the witness will say if the case goes to trial.
You may or may not be deposed if you file a lawsuit for your car accident claim. If you do provide a deposition, it will occur at your attorney’s office or the office of the opposing attorney. Both attorneys are present as well as a court reporter. The court reporter records everything that is said in the deposition for the official record that can be used at trial.
After being sworn in, the opposing attorney typically takes a few minutes to explain the process to you and explain how he would like you to handle questions you do not understand. Once the introduction is completed, the attorney will ask you questions about the car accident, your injuries, your recovery, and other matters related to the case. Your attorney is present during the entire process. He cannot tell you how to answer a question, but he can object to inappropriate questions and stop the deposition if the other attorney is not respectfully conducting himself.
You should always answer questions with a verbal response instead of shaking or nodding your head. Also, slang for “yes” and “no” (i.e. uh huh) should not be used as the court reporter can misinterpret these responses. If you do not know the answer to a question, it is okay to state you do not know. You should never guess or estimate unless specifically instructed by your attorney.
Reviewing the Deposition Transcript
Once the deposition is complete and the court reporter has prepared the transcript, you have the opportunity to review the transcript to make sure that the reporter was accurate in here transcription. If you find any errors, you need to notify your attorney immediately.
It can be a little intimidating and stressful thinking about giving a deposition. However, when you hire experienced New Orleans car accident attorneys like ours, you can rest assured you will be prepared and confident before the time for your deposition. We work closely with our clients to ensure they are comfortable and informed during each step of the process.
Call Now for Your Free Legal Consultation
If you have been injured in a traffic accident, we can help. Call Attorney Fred Olinde of The Olinde Firm at (504) 587-1440 or 1-800-587-1889 to request a free consultation with a New Orleans accident attorney.