Posted on Wednesday, October 19th, 2016 at 11:43 pm
If you are injured in a Sacramento motor vehicle accident, you may need to file a lawsuit to recover compensation for your injuries. When you file a lawsuit, the other side may want to take your deposition as part of the legal process. Therefore, it helps to know more about a car accident deposition.
What is a Sacramento Car Accident Deposition?
If you file a lawsuit against the other driver, his or her attorney will schedule a deposition. A deposition is a form of discovery used in lawsuits to gain more information from the other party. The attorney for the other side uses the deposition to find out what a person will say in court before the case goes to trial. All answers in a car accident deposition are given under oath; therefore, your answers to questions in the deposition can be used during the trial.
The attorney for the other party may choose to take one or more depositions in a car accident lawsuit. Potential parties that may be disposed include:
- You and your passengers;
- Drivers and passengers of other vehicles;
- Expert witnesses you intend to present at trial;
- Your physicians and other medical professionals treating you for your injuries;
- Law enforcement officers who investigated the accident scene; and,
- Witnesses who saw the collision.
Preparing for a Sacramento Car Accident Deposition
If the attorney for the other driver takes your deposition, your attorney will work with you to prepare you for the deposition. The deposition may take place at your attorney’s office or the other attorney’s office. A court reporter will be present to record and transcribe the entire proceeding. Even though your attorney is present, he cannot answer questions for you or provide advice about how to answer a question during the deposition. However, your attorney will not allow you to be mistreated or asked anything illegal during the deposition.
Some tips your attorney may review with you before your car accident deposition include:
- Always Tell The Truth – Never lie during a deposition. You are answering the questions under oath. Therefore, lying will not help your case, and it could result in a perjury charge.
- Never Guess – If you do not know the answer to a question, state that you do not know the answer.
- Remain Calm – Most people are nervous about giving a deposition. Try to remain calm and focus on the questions being asked and the answers you are providing.
- Do Not Add Information – Only answer the question that is asked. Never provide additional information that is not requested. The attorney may pause to give you time to add information. Using a long pause is a tactic to gain additional information that the attorney may not know. For that reason, keep your answers short and to the point.
- Do Not Try To Be Funny Or Joke Around – This is the not the time to show off your comedic abilities. A car accident deposition is a very serious matter. For that reason, do not use sarcasm or humor to answer a question. It is easy to misunderstand a humorous answer.
- Speak Clearly And Loudly – Do not mumble or whisper. The court reporter is recording the deposition so she can transcribe what is said during the deposition. If you mumble or whisper, the court reporter may not correctly transcribe your answers to questions. Respond verbally to each question. Head nods and head shakes are not appropriate answers to deposition questions.
Call a Sacramento Car Accident Attorney For More Information
Our Sacramento car accident lawyers understand that you may be nervous about filing a lawsuit, being deposed, and going to court. However, you have the right to receive compensation for your injuries. If the insurance company refuses to negotiate fairly, you may have no choice but to file a lawsuit. If you do file a lawsuit, our car accident attorneys provide support, guidance, and counsel throughout the entire process to reduce the level of stress and anxiety you may experience.
Call the Tiemann Law Firm at (916) 999-9000 or chat with a representative on our website to schedule a free legal consultation with an experienced Sacramento personal injury attorney.