If you file a lawsuit against another driver for damages, a significant chance exists that the other driver, through his or her attorney, will ask to take your deposition at some point.
Unfortunately, if the other driver or their attorney asks to take a deposition, the law requires that you do so. Fortunately, the law allows you to have an attorney present, something you should absolutely, positively make sure you do.
The lawyers at Anidjar & Levine are happy to help you with your case, including assisting you through depositions. Call us today at 800-747-3733 for a free case review.
Your attorney can work with the other side’s attorney to come up with a mutually agreeable time for the deposition to take place. You can also prepare for the deposition with your attorney, a process that might include role-playing or coming up with likely questions you expect the other side to ask.
During the deposition, you, not your attorney, are the one who will answer the questions, making it important that you show up prepared. A car accident lawyer can prepare you for the process, helping to minimize the stress and prevent it from seeming overwhelming.
What Questions Will the Other Side Ask Me?
Theoretically, the other side can ask you anything they want. But the most likely scenario is that they will ask detailed questions about the day of the crash, the crash itself, and any injuries you are claiming. Their overarching goal is to catch you contradicting yourself or demonstrating a lack of credibility.
Some examples of common questions in car accident depositions:
- What is your recollection of the car accident?
- What were you doing immediately beforethe accident?
- Are you currently on any medications? Did you take those medications the day of the crash?
- How much income have you lost from work? How does your employer pay you? What is your salary? If you are self-employed, how do you calculate your earnings?
- Do you have any pre-existing conditions related to the current injuries you are claiming?
These are just examples; the nature of the questions varies greatly based on the specific circumstances surrounding your accident. Thus, you should consult with an attorney long before the deposition.
Should I Depose the Other Side?
Every car accident case is different, but more often than not, the answer is a resounding “yes.”
Just as the other side uses a deposition to attempt to extract information from you that they can later use against you, you have the ability, along with your attorney, to do the same to them.
Your car accident lawyer can decide if it is a good idea to depose the other side and, if so, what line of questioning to pursue during the deposition. Therefore, you should tell your attorney everything you remember about the crash ahead of time, as you never know what ideas you might trigger with the information you provide.