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In this post, we are going to explain what you should expect to occur during a car accident deposition. It is understandable that you might be nervous about what will happen and what you should (or shouldn’t) say before a deposition, so by explaining the process, we hope to set your mind at ease.
After you have suffered injuries and losses due to a reckless, careless, or negligent driver, you will likely want to pursue damages. The most effective method for ensuring coverage of your medical bills, material losses, and pain and suffering is a lawsuit.
The deposition is a key component of this process. It is reasonable to be concerned about how best to handle this—after all, the success of your lawsuit or settlement hinges largely on the answers you provide. The following is general guidance as to what to expect during the deposition and how you should handle it.
Preparing for an Automobile Accident Deposition
Ahead of the deposition, you should meet with your automobile accident attorney to discuss what to expect and review the details of your case. Your lawyer might run through a mock deposition with you, just to give you an idea of the questions you will be asked. This is the time to ask any procedural questions you might have, express concerns (e.g., not remembering certain details about the crash), and make sure you understand exactly what you should say—and what you should avoid saying.
You also want to work with your lawyer on gathering all the documentation and evidence available to present to the defense’s attorney, who will be conducting the deposition. The more facts you can offer in support of your testimony, the stronger your case will be. This corroborating evidence should include the following:
- Medical records explaining your injuries, prognoses, and prescribed treatment plans
- All medical bills and statements accumulated so far
- Photos, written statements, and contact information from witnesses to your crash
- Police report(s), including facts about the crash, any arrests made, and alcohol or drug test results
- Repair assessments and invoices for all automobile and other damaged property repairs (or documentation declaring these items total losses)
There may be additional items depending on the circumstances of your car crash. Don’t worry—your lawyer will let you know everything you need and help you acquire it.
The Los Angeles Accident Deposition Process
The deposition will most likely be in-person now that pandemic restrictions have been lifted and are typically conducted in the opposing counsel’s office. Note that your deposition might be recorded via audio or videotape. You should dress and groom yourself appropriately. Think business casual: trousers or slacks and a neatly pressed shirt or blouse.
It is important to remember that the deposition is a legal testimony, even if the other attorney comes across as very friendly or like they just want to have a chat. While you should not be rude, it is best to keep any extraneous conversation to a minimum. Simply answer the lawyer’s questions when asked, honestly and clearly. Avoid the urge (or encouragement) to embellish, make self-deprecating jokes, speculate, or over-explain. Remember, your attorney will be present and if they catch anything that they feel requires explanations beyond the simple answers you provided, they will have the opportunity to ask you on the record.
The length of time you are deposed depends largely on the complexity of your case. It could be as brief as a half-hour or take most of the day. If you find yourself in a long deposition and losing focus due to fatigue, need to use the restroom, or hunger, you have the right to ask for breaks.
As for the actual questions, those will obviously vary depending on the particular facts of your accident. However, the following are fairly standard areas of inquiry you should expect to be included:
- Confirmation of your identity (name, address, employer)
- Your health status, before and since the accident
- Past criminal charges and/or car accidents for which you were found responsible
- What happened before, during, and after the actual crash
- Injuries with which you have been diagnosed due to the accident, including their severity, treatment options, and prospects for making a full recovery
- Bills and expenses stemming from the crash. Besides the medical and repair bills mentioned previously, these may include lost wages due to inability to work, forfeit of money paid for a vacation you could no longer take, or similar monetary losses
You should also expect the defense’s attorney to ask questions that attempt to reveal your culpability, all or in part, for the accident. These include inquiries about your sobriety at the time (“How many drinks did you have at dinner that night?”), whether you were distracted right before the accident (“Did you receive any calls or texts while you were driving?”), and overall driving skills (“Are you typically nervous driving in stormy weather like we had that day?”).
As long as you keep your answers fact-based and only provide enough information to answer the questions, you should do fine. Some questions will require no more than a yes or no. If you are uncertain how to answer a question, you may request the defense attorney repeat or clarify what they are asking. And if you honestly do not remember something or are uncertain, it is perfectly fine to say that you don’t recall or don’t know.
Your Los Angeles Accident Lawyer is on Your Side
Depositions are by nature stressful and it is perfectly reasonable to be concerned that you might say or do something to unintentionally hurt your case. However, by hiring a competent car accident attorney like Scott Corwin of Scott J. Corwin, A Professional Law Corporation, you can rest assured that you will be prepared for whatever the defendant’s attorney asks. Scott will be at your side throughout the deposition and will make sure the facts of your case are presented clearly and effectively. Contact our office today for a free, no-obligation consultation.
Contact our office today by calling (310) 683-2300 or filling out the online contact form to discuss the details of your case and learn more about how we can help you. We offer free consultations, so there’s no reason not to reach out to someone from our team right away.