Before a car accident lawsuit goes to trial, the discovery phase of the litigation process will occur. In the discovery phase, both parties involved in the lawsuit will have the opportunity to request the opposing party to supply answers to their questions (known as interrogatories), requests for production (records, documents, etc.), and may request that the party become deposed. A deposition will occur after litigation has been well on its way, and after deposition, the liable driver’s insurer might raise its settlement offer, otherwise, the case may go to trial. An experienced attorney can help guide you through the settlement and litigation process to ensure that you are receiving the best possible outcome to receive just compensation for your accident-related injuries.
Have you been involved in an auto collision? Contact Ali Awad, ‘The CEO Lawyer’ and his team of car accident attorneys at the CEO Lawyer Personal Injury Law Firm by calling (470) 323-8779 or contacting us online to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.
Car Accident Deposition
In the discovery phase of a personal injury lawsuit, depositions are a typical component of the litigation process. Before a deposition is scheduled, the following parts of the legal process will have likely occurred:
- After obtaining a lawyer, your attorney will file a lawsuit against the liable party(s) for the car collision in which you have sustained injuries.
- A summons and complaint will be drafted by your legal team and filed in court, and a copy will be served to the at-fault driver and their insurer.
- The defendant, their insurers, and their attorney will review the complaint. The defendant’s attorney will file an official answer to the complaint.
- The discovery portion of the legal process will begin, which will likely include interrogatories, requests for production, and depositions.
- A deposition will likely be scheduled for a specific date, time, and location, in which you (the car accident injury victim) will be deposed.
- Your attorney will guide you through the legal process and assist you with navigating all required components of discovery that concern your involvement.
Car Accident Lawsuit Depositions
Depositions will often occur as a type of oral discovery in a car accident litigation case. During a deposition, details and topics pertaining to the car accident will be explored in more detail. Depositions generally occur at a law office or a court reporter’s building. During a deposition, parties who are likely to be present include:
- You and your attorney
- Opposing counsel, who will be asking the questions during the deposition
- A court reporter
During a deposition, you will still be sworn in before proceeding with the deposition, which means that your testimony is under oath. Testifying under oath in a deposition is akin to testifying on a witness stand in open court, although a deposition is not a formal court proceeding and will not be heard in front of a jury or judge.
A deposition will typically consist of a defense attorney posing a series of questions to the car accident injury victim. Your attorney will help prepare you and guide you through the deposition process. It is your right to answer the question posed to you by opposing counsel in as few words as possible without volunteering additional information. Any information you provide during a deposition is grounds for warranting a follow-up question. Depositions are not a time for you to disclose your entire story. It is best to answer questions succinctly as they arise and state clearly if you do not remember or are unsure of an answer.
It is also important to note that the primary purpose of a deposition is to aid the defense attorney or at-fault party’s insurer in discovering what you remember about the accident and the extent of your injuries. Therefore, you should never guess, alter facts, or jump to conclusions when making assertions under oath in your deposition. A court reporter will transcribe a transcript of the deposition that includes what all parties said during the deposition verbatim. This transcript may be referred to later by either party during the trial.
After the Deposition
After your deposition is taken and the legal discovery process is wrapped up, a court may require parties involved in a car accident lawsuit to attend a pretrial settlement conference using some type of ADR (alternative dispute resolution) conference. Mediation is a form of ADR commonly used in car accident cases before proceeding to trial. In mediation, a third-party, typically a lawyer or retired judge, will oversee the ADR proceeding to attempt to get both parties to resolve a case outside of court. This process will either end in a resolution both parties can agree to or the case proceeding to trial.
If the case cannot be resolved through settlement or mediation, the case will likely continue on to trial. In a trial, a car accident injury victim will testify under oath regarding facts about the accident and their injuries before a jury in court. After listening to testimony, the jury will decide what the accident injury victim is entitled to regarding compensation for their damages. Alternatively, parties may agree to binding arbitration instead of proceeding to trial.
Personal Injury Attorney
Navigating a car accident injury case can be a daunting process. Obtaining an experienced car accident attorney can be the key to eliminating your stress and allowing you to focus on healing while knowing that your attorney is fighting for you to receive the best possible outcome. A personal injury attorney can guide you through each step of the litigation process, counsel you with advisable actions, and help you decide what compensation is fair. Contact an attorney whose primary goal is to maximize the compensation you may receive for your suffering and injuries related to your accident.
Has a negligent driver injured you or a loved one? If so, do not wait to contact the experienced car accident personal injuries attorneys at the CEO Lawyer Personal Injury Law Firm. Call us today at (470) 323-8779 or contact us online to receive your free and confidential case evaluation. If you have been injured due to another driver’s negligence, it should not be your burden to be responsible for your damages. Contact Ali Awad, ‘The CEO Lawyer’, and his team of experienced attorneys today to see what we can do to assist you.
