Those injured in a car accident often seek compensation for their damages. While many car accident claims are straightforward, some will require all parties to take part in a deposition. A car accident deposition can feel daunting, but it’s a great way for insurance companies to understand the accident better.
When you understand what a deposition is and what you’ll likely be asked, you’ll feel more confident stepping into this portion of your car accident case.
What is a Deposition?
A deposition is an out-of-court, formal testimony under oath that is part of the discovery process in a lawsuit. In car accident cases, a deposition helps attorneys gather sworn testimony from all the involved parties, experts, and witnesses.
Attorneys can use a car accident deposition to strengthen their case, assess the strength of their opposing counsel’s case, and, ideally, negotiate a settlement.
The Setting of a Deposition
Depositions usually occur in a lawyer’s office or a neutral location, often a conference room. Those who are in attendance for a car accident deposition are:
- The deponent (the person being questioned)
- A court reporter who records all the testimony
- Attorneys representing both sides of the car accident case
- The deponent’s attorney (this only happens sometimes)
While the atmosphere is formal, it’s far less rigid than giving testimony in a courtroom. Depositions can last several hours or even days, depending on the complexity of the car accident case.
Common Questions Asked During a Deposition
One of the best ways to feel more prepared for a car accident deposition is to know what questions you’ll be asked. Knowing what they’ll be can help you provide more effective answers supporting your claim.
Personal Background
More often than not, your car accident deposition will start with attorneys asking you about your background. Information about your background will help establish your credibility and provide context for anything you say during the deposition. Some personal background questions you might be asked include:
- Your name, address, and age
- Your educational background
- Your marital status
- If you have dependents
- Your medical history
- Your current employment and employment history
- If you have any criminal history
Even if these questions don’t seem relevant to the case, they help paint a complete picture of who you are and your circumstances when the car accident happened.
Accident Details
After answering any questions the attorneys might have about your background, you’ll focus on the accident details. This process usually encompasses a large portion of the car accident deposition. Be prepared to answer questions about the car crash, such as:
- The date, time, and location of the accident
- Your actions leading up to the accident, like where you were going and how fast you were driving
- Weather and road conditions when the accident occurred
- What you saw, heard, and felt during the car crash
- A detailed account of how the accident happened
- Your immediate actions after the car accident happened
- Any conversations you had with other parties or witnesses at the accident scene
- Whether emergency services or the police were called to the scene and what their actions were when they arrived
Be as detailed and honest as possible when answering these questions. If you’re unsure of any details, it’s okay to admit that, and it’s better than guessing.
Injuries and Treatment
Next, the attorneys will move on to questions about your injuries from the car accident. Come ready to provide detailed answers to questions about your medical treatment. Even though both sides will have seen relevant medical records and looked through your medical bills, they’ll want to hear directly from you. Be prepared to talk about:
- The injuries you sustained in the car accident
- When and how you first noticed the injuries
- The medical treatment you received, including emergency room care and any follow-up treatments and appointments
- Prescribed therapies and medications
- Names of the healthcare providers and facilities where you received medical care
- Any limitations you’re experiencing because of your injuries
- Your current symptoms and the ongoing medical care you’re receiving
You’ll need to be honest and not exaggerate the severity of your injuries. Still, you don’t want to downplay them, either.
Impact on Daily Life
All car accident injuries, no matter how minor, will have some impact on your daily life. Discussing all the impacts you’ve experienced is important, whether temporary or long-term. You might be asked questions about the following:
- Effects on your relationships with family and friends
- Changes in your ability to perform daily activities like self-care, household chores, etc.
- Changes in your ability to participate in activities or hobbies you previously enjoyed
- Impact on your work, like missed time and any modification to your job duties
- Your emotional state and any mental health effects from the car accident
Answering these questions will help them establish the non-economic damages caused by the car accident, like loss of enjoyment of life and pain and suffering.
Previous Accidents or Injuries
Lastly, prepare to discuss any previous accidents and injuries, such as:
- Work-related injuries
- Previous car accidents
- Pre-existing medical conditions
- Sports injuries or other personal injuries
Opposing counsel might use your pre-existing conditions to minimize your accident-related damages. That’s why you must clearly distinguish which injuries resulted from the accident and which existed beforehand.
Questions Specific to the At-Fault Driver
If you’re deemed the at-fault driver in a car accident, you’ll be asked questions similar to those of the injured party, plus additional questions about your specific role in causing the accident.
Actions Leading to the Accident
You’ll be asked about your activities in the hours before the accident, including:
- Your destination and route
- Your speed
- Whether you were distracted
- If you were intoxicated
- Your perception of the other driver’s actions
Vehicle Maintenance
They might ask you questions about your vehicle’s conditions like:
- Any known mechanical issues
- The age and mileage
- Recent maintenance or repairs
- The condition of your brakes, tires, and lights at the time of the accident
Insurance Coverage
They’ll likely ask you about your insurance coverage details, such as:
- Your policy limits
- Your insurance provider
- The type of coverage you had at the time of the accident
- Any communications you’ve had with the insurance company about the accident
Tips for a Successful Deposition
Whether you’re the defendant or the plaintiff, there are several tips to remember when handling car accident depositions.
Be Prepared
Before your deposition, prepare thoroughly by discussing your case with your attorney, reviewing all relevant documents, practicing potential questions, and getting adequate rest the night before.
Tell the Truth
Maintain complete honesty throughout your car accident deposition by providing truthful answers, admitting uncertainty when necessary, and never speculating about facts you don’t recall.
Listen Carefully
When giving your testimony, listen carefully to each question, ask for clarification when needed, and ensure you fully understand before answering.
Answer Concisely
Provide brief, direct answers that address only the specific questions asked. Avoid going off on tangents and offering unnecessary additional information.
Remain Calm and Composed
Remain calm, avoid arguments, and take deep breaths or pause when you feel overwhelmed to stay composed throughout your deposition.
The Role of Your Lawyer in a Car Accident Lawsuit
Having a Chicago car accident attorney from our team throughout the claims process is vital, especially when your case requires a deposition. We can be invaluable during this step of the settlement process.
Preparation and Guidance
A skilled attorney will guide you through the deposition process, prepare you for potential questions, conduct practice sessions, and advise you on proper presentation during testimony.
Objections and Protection
During the deposition, your lawyer will object to inappropriate or irrelevant questions, protect your rights, and prevent opposing counsel from badgering or intimidating you.
Using Depositions Strategically
After your car accident deposition, your attorney will analyze the testimony to identify case strengths and weaknesses, use this information to strengthen your legal strategy, and leverage the testimony during settlement negotiations or trial preparation.
Secure Expert Legal Representation!
Car depositions can be intimidating, but they can be far more manageable if you have the right legal team in your corner. Rosenfeld Injury Lawyers has experience helping car accident victims seek compensation for their injuries and is ready to help you navigate the claims process, including a deposition.
Our Chicago personal injury attorneys operate on a contingency fee. Call us today at (888)-424-5757 or fill out our contact form to book a free consultation with our car accident law firm.