An Overview of Depositions in Car Accident Cases
Car accidents are never planned. The aftermath can be even more confusing than the accident itself. The process involves filing claims and filling out reports, which can seem daunting. That's why finding an auto accident attorney in Bradenton, FL, is so important. Not only are they experienced in the area of personal injury law, but they also understand the importance of depositions and how to use them in these cases.
What Is a Deposition?
A deposition is often used in car accident cases as a method to gather information. It's a process in which an attorney is allowed to ask questions and receive an oral response from someone. In the instance of a car accident, an attorney may depose witnesses, expert witnesses, police officers, and those parties involved in the accident. Typically, the questions asked during a deposition revolve around the details of the accident. In some cases, medical personnel who treated the injured parties may also be deposed, allowing them to explain the extent of the medical treatment provided. All of this information is gathered and used as evidence to further the injury case.
Where Are Depositions Conducted?
Technically, depositions can be conducted anywhere. Some courts, however, may place stipulations on the location of depositions. They may require that the deposition be conducted in the state where the witness lives. This means that witnesses can't be forced to a different state in order to participate in a deposition. Most often, depositions occur in the office of one of the representing attorneys.
Depositions are conducted at a time and a place that both parties agreed on. They shouldn't interfere with school, work schedules, or other obligations. It's possible to change and reschedule depositions if conflicts arise.
Who Is Present at a Deposition?
In order for a deposition to be deemed viable, there are a few crucial people that must be present. The attorney requesting the deposition must be there along with the person being deposed. The other party's attorney is also required to be there. There must also be a witness for the attorney present. If the person being deposed would also like a witness to be present, that request is typically granted. On top of these parties, a court recorder should be there to record the deposition legally.
What Happens in a Deposition?
All testimony given in a deposition is given under oath. This means that the person giving the testimony should be truthful, or they could face perjury charges. In the beginning, the attorney will ask basic questions to establish their identity and their relationship to the person involved in the accident. Then, depending on the case, attorneys may ask specific questions about the accident and the prognosis for recovery following the incident. Details of the accident and the scene may also be asked for, along with any other necessary details.
Depositions are an important part of a case, especially if you've hired a Bradenton, FL, personal injury attorney to handle your case. If you've been injured in an accident, or you have legal questions, turn to the experts at Erjavec Injury Law. You don't have to navigate the legal waters of an accident alone. Learn more about your rights by visiting