If you are unable to settle your claim for compensation with the negligent driver’s insurance company, you will need to file a lawsuit against him. The most significant phase of your case will be the discovery phase, where your attorney and the lawyer for the insurance company gather helpful evidence and learn what information and claims will be raised at your trial by the other side.
One major type of discovery in car accident cases is the taking of depositions. It is very likely that your deposition will be taken too, and it is important to be prepared so that it helps—and does not hurt—your case.
What Is a Deposition?
A deposition is a question and answer session conducted by a lawyer in an out-of-court setting, such as his office. A court reporter records the questions and answers and creates a written transcript that can be used in settlement negotiations, motion hearings, court-ordered mediation, and a jury trial.
Tips on Having Your Deposition Taken
One of the purposes of a deposition is to find out information about the other party’s case so that there are no surprises at trial. Another reason that a lawyer would want to take your deposition is to see if you make inconsistent statements or other harmful statements that they can use against you in defending against your lawsuit. Here are some tips on how to have a successful deposition:
- Be prepared. It is crucial to be represented by an experienced car accident attorney at your deposition. He can advise you on the types of questions you will be asked. It is also important to review the police report, pictures, statements you made before, your answers to interrogatories, and any other information that will help refresh your memory so that your answers are accurate.
- Listen to the questions. Listen very carefully to the questions, and be certain that you understand them before giving an answer. Ask that the question be repeated if you are confused or worry that you did not understand what is being asked.
- Be honest. It is crucial that you answer the deposition questions honestly. You are answering them under oath and can be guilty of perjury if you lie. In addition, you would significantly hurt your right to compensation if you give untruthful answers.
- Only answer the question. Only answer the question that you are asked and limit what you say. You want to provide precise answers and not offer any additional information.
- Do not guess. You should not guess at an answer. It is better to say “I don’t remember” or “I don’t know.”
Do you have questions about your legal rights following a car accident? Do you need help filing a claim with the negligent driver’s insurance company? Our skilled legal team is here to provide you with the answers you need and fight for the compensation you deserve. Call our Norfolk office to schedule your free consultation today.