Law

What Is Deposition In A Car Accident Claim?

Generally, a car accident involves more than one driver. Both drivers should be allowed to prove their side of the incident and fault. When such a scenario occurs, it is known as the discovery phase. The discovery stage enables each party to discover evidence and proof from the opposition. 

The discovery stage includes deposition. A deposition is a court hearing wherein both parties are allowed to hear each other out before the case goes to trial. The deposition is the first stage of a car accident lawsuit. In the deposition, the driver, passenger, or an eyewitness would be asked a few questions by the attorney, which they would need to answer under oath. 

Now that you know what precisely a deposition is, here are some valuable tips about how you should handle a deposition. DEMAND RAND can help you get prepared for a deposition if you need help. 

  • Statements 

You must attend at least one deposition if you are a plaintiff in the car accident case. The defendant’s attorney will ask you multiple questions during the deposition. The defendant’s attorney will try to get as much information from you as possible. 

You must try to provide as less information as possible if you want the case to be in your favor. You should avoid saying more or providing unnecessary statements. It does not mean you should withhold factual information or deny answering critical questions. 

  • Preparations 

Your car accident attorney can help you get prepared for the deposition. The preparation before the deposition would involve reviewing documents like the police report, medical bills, etc. It will be likely that your attorney would have already provided the necessary documents to the defendant as per their request. 

You should be prepared according to the answers you have already given to the defendant. It will help you stay consistent as per the information and the documents you provided earlier. You should be ready to answer questions about your background, medical history, accident information, injuries, etc.

  • Defendant’s wants 

You should be aware of what the defendant driver wants out of the deposition or the car accident case. It would be best if you knew that the defendant might try to lock you and convince the judge to their desired version of the story. 

To avoid being tangled or confused during the deposition, you must stick to the facts and the answers you earlier provided. If you slip at the slightest, the defendant may use it to their advantage. Please consult your attorney and ask them about your concerns thoroughly to ensure the deposition falls in your favor. 

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