Filing a lawsuit can be a huge part of the personal injury legal process. When a lawsuit is filed, each party collects information and evidence from each other, a procedure known as the discovery.

Depositions are question-and-answer sessions in which a witness provides information about the case to the attorney, and is a part of this discovery procedure. Attorneys ask these questions to ensure you can communicate an accurate account of the accident, which in turn proves that you are and can be a trusted witness in your own case. Your attorney asks the same questions of the opposing parties to not only gain a complete version of the incident, but to cement the facts early on and avoid problems later on in the process. Attorneys will also use this as a chance to see how each witness will perform in front of a jury during trial.

 

deposition

 

Witnesses are under oath during a deposition, which means each witness has sworn to tell the truth to the best of his or her ability. Depositions are very important in personal injury cases, so they can be intimidating. Knowing what to expect and preparing for the deposition will help you and your attorney in the long run.

Car accident depositions generally focus on a person’s background, details of the accident, as well as the injuries and treatment themselves. Remember this: it’s ok to say you don’t know the answer! Over-explaining or speculating will not help your case. Here’s what to expect:

Background Information

  • Name, address, and date of birth
  • A list of residences over the last 10 years
  • Familial details:
    • Are you married/divorced/separated?
    • Do you have any children and what are their ages?
    • Are there any extended family living with you?
  • Educational details:
    • Where and which high school did you attend?
    • Where and which college did you attend and what did you study?
    • Any special vocational or technical education?
  • Work details:
    • Where was your place of employment at the time of the accident?
    • What were your duties?
    • What was your income?
    • Did your job require any special training?
    • Did your job require physical labor?
    • Where did you work before your most recent job?

Accident Information

  • Time and date of the accident
  • Where were you traveling to and from just before the accident?
  • Did you have any passengers?
  • Location of the accident:
    • Physical address
    • Description of the road or road quality
    • Description of any road signage in the area (stop signs, traffic lights, street or highway signs, etc.)
    • Describe any pertinent weather affecting the accident
  • What were you doing in the vehicle prior to the accident?
    • Were you using your phone?
    • Had you been drinking?
    • Had you used any drugs or taken any medication?
    • Were there children in the car?
    • Was the radio on?
  • Describe the accident itself:
    • What did the other vehicle do?
    • What did you do?
    • Did you see them coming?
    • What was the traffic like?
    • Could you avoid the accident? If not, why?
    • How is the accident the other driver’s fault or could it be yours?
    • Where did the cars collide?
    • Where on your car was the point of impact?
    • Where did your respective cars end up after impact?
  • Describe any police interaction post-accident:
    • What information did you give the police?
    • Was a police report filed?
    • Did you speak to the other driver, and if so, what did you say?

Injury and Treatment Information

  • Describe your injuries:
    • What were they?
    • Had you experienced similar injuries before the accident?
  • Describe the treatment you received:
    • Where did you go for treatment?
    • What kind of treatment did you recieve?
    • What doctors have you seen since the accident?
    • What was the diagnosis?
    • Are you still being treated or have you fully recovered?
    • How do your injuries affect your daily life? Are there things you can’t do anymore?
  • Describe your work situation post-accident:
    • Can you perform the same job as before the accident?
    • Can you earn as much money as before the accident?

If you or a loved one has been in a car wreck, or any type of automobile accident, contact us today or fill out our free case evaluation form. Our hotline is open 24/7 – One Call, That’s All!

October 11, 2017 | Categories: Auto Accidents, Legal Tips | Tags: , , ,