How Depositions Work in Car Accident Injury Cases

If you are involved in a car accident injury case, you’ll usually play one of two roles: You’ll either be the person at fault (defendant) or the injured person making a claim (plaintiff). Here’s what you can generally expect to happen at a deposition for these kinds of cases.

The Deposition

First of all, the main reason an accident injury case would go to deposition is when there are liability and damages from the defendant that the plaintiff wishes to pursue. This can include pain and suffering, lost wages, inability to perform tasks in personal and work life, emotional struggles, and other issues.

An injury victim attorney will represent the plaintiff. This may be an attorney of your choosing or your insurance company may contact one on your behalf. The defendant may also retain a defense attorney in order to protect against unjust claims. Whichever side you find yourself on, you need to seek out a car accident attorney in Sarasota.

The persons present during the deposition will be the plaintiff, the plaintiff’s attorney, the defense attorney, and the court reporter. Depending on the severity of the case, the deposition could last up to several hours. Generally, it should only last a couple hours on average.

The Procedure

The court reporter will swear in the plaintiff, and everyone in the room will identify themselves vocally for the deposition to have both a sound recording and a typed transcription. Once the plaintiff has been sworn in, the defense attorney typically begins questioning the plaintiff about the circumstances of the accident: what injuries they suffered as a result of the accident, what medical conditions or history they had prior to the accident, and what losses they expect to incur in the future as a result of injuries sustained in the accident.

The attorney will likely question whether or not you saw a doctor, if you saw that doctor before or after you sought out legal advice, and also clear up any previous answers or statements you made in regards to the case.