A car accident deposition is a formal question and answer session regarding the car crash that led to the plaintiff’s injury. It is an important part of the discovery phase in any car accident settlement process. In this legal proceeding, the parties involved and the witnesses give sworn testimony of the accident. The questions attorneys ask will vary depending on the specifics of the accident and the person who is being deposed. The deposition is a crucial part of the discovery phase because it is during this proceeding that each side gets information from the other. As a medical peer review company assisting personal injury attorneys with deposition summary services, we know that the deposition provides attorneys representing the plaintiff as well as the defense an opportunity to listen to each person’s account of the events, evaluate the value of the testimony, and determine if a particular witness can influence a judge or the jury. A deposition can last from 30 minutes to many hours, depending on the complexity of the case.
Deposition vs. Trial
Depositions are usually held at one of the attorneys’ offices or at a neutral setting. They are less formal than a trial. Just as for a trial, depositions are recorded with the help of a court reporter. The deposed person’s statements could be used in case the lawsuit ends up in a trial. Compared to the questions asked in a courtroom, deposition questions are typically more wide-ranging. Though the representing attorney can make objections to questions, the person being deposed will have to answer the questions anyway.
The deposition is significant because it helps the attorney understand what exactly a witness remembers about the accident. The attorney can also have a clear idea about the conclusions arrived at by an expert regarding the specific circumstances around the car accident.
Questions Asked during a Deposition
Now, here is a look at the common questions that are asked during a deposition. These could be related to the person’s personal background, car accident details, and the nature of the injuries sustained. Typically, in a car accident lawsuit, the witness or person being deposed may be one of the drivers involved in the crash, a passenger or an eyewitness to the accident.
- Personal background: The questions asked could be:
- Name, address, telephone number and date of birth
- Educational history: This includes schools, degrees and the education and trainings received after leaving school
- Marital status and number of children
- Living situation
- Medical history
- Employment history
- Criminal history
- Previous lawsuits or claims
- Accident details: The questions will be specific and could include questions related to the accident such as:
- Time and place
- Traffic
- Weather and road conditions
- Traffic control devices involved
- What happened within the car
- What the accident felt like
- Physical damage
The defendant in a car accident case will also be asked questions very similar to that asked to any other witness. The plaintiff’s attorney will ask questions to try to find proof that the defendant was at fault for the accident. The questions the defendant is asked may vary based on the particular facts of the case.
Deposition Summary a Valuable Tool in Trial Preparation
The deposition summary prepared by a medical record review company is very helpful for attorneys in trial preparation as well as during the entire litigation process. The deposition itself can be very long drawn out and run into a number of pages. When it is summarized, attorneys receive an objective, clear and short summary of the main points of the deposition transcript in any customized format. The summaries can be prepared as narratives, or by table of contents, chronological ordering of events, indexes, and topics.
Disclaimer: The above content is sourced from reliable internet resources and other credible sources. It is not the opinion or inference of MOS (Managed Outsource Solutions) or any of its stakeholders. The content is meant for informative purposes only. For a professional view, please consult an experienced car accident attorney.
