What happens after a deposition in a car accident case in Orange County?
What happens after a deposition in a car accident case in Orange County?
Car accident lawsuits have many moving parts, and one of them is often depositions. In a deposition, personal injury attorneys ask questions to witnesses and other parties to the case under oath. The purpose is to collect evidence before the trial begins. Understanding the deposition process in an Orange County car accident lawsuit is essential so you know what to expect as the case unfolds.
If you have additional questions about a car accident claim, speak to an Orange County car accident lawyer today. They can review your case for free and lay out your legal options. You can be entitled to compensation for medical bills, lost earnings, and more if another driver injured you in an accident.
Schedule a Free Initial Consultation Today!
What Is A Deposition In An Auto Accident Lawsuit?
Most car accident lawsuits have four parts: discovery, mediation, trial, and appeal. A deposition is a process that occurs during the discovery phase of the lawsuit. During a deposition outside of court, a party to the case gives their sworn testimony about the auto accident.
If you are the car accident victim, you’re the plaintiff in the case. Your auto accident attorney will usually depose the witness in the deposition. The deposition process allows attorneys for both sides to hear everything that is said. Depositions can be written, oral, or video.
Attorneys for the plaintiff and defendant will listen to every version of what occurred during the accident, review the strengths and weaknesses of what is said, and weigh how the jury may feel about the witness and their testimony. The deposition provides critical evidence for both sides during the court case.
While you don’t have to have an attorney for a car accident lawsuit deposition, you should. If you attempt to do the deposition alone, you probably will make mistakes and not know when the other side is asking questions and making out-of-bounds comments. Your auto accident attorney will prep you for the deposition and ensure you don’t answer in a way that will harm your case. They may conduct a mock deposition to answer any questions attorneys may ask you. The defendant’s attorney will try to undermine your version of events and attempt to challenge your credibility.
For example, suppose you initially thought you caused the car accident in the confusion after the wreck. But later, you realize the other driver hit you, and you aren’t at fault. A defense attorney will probably try to use your earlier words against you. During a deposition, a skilled auto accident attorney will offer a reasonable explanation for your change of opinion. You were probably shaken up after the crash and highly stressed, so what you said in the minutes after may have been inaccurate.
The bottom line: Don’t go into a deposition without a skilled, experienced auto accident attorney. They are worth more than what you pay them at the end of your case from your settlement or jury award. How Long Does A Deposition Take?
A car accident lawsuit deposition usually takes a few hours or up to a day or two, depending on the situation. The length of a car accident deposition can vary based on case complexity, the number of parties to be deposed, the length of the testimonies, and the type of questions asked.
Some car accident lawsuit depositions are done in one day, but others can require several sessions over days. The length of your deposition depends on your case details and the amount of information that needs to be gathered. Your auto accident attorney will know how long your deposition will take and what it will cover.
Why Are Depositions Important In An Orange County Car Accident Lawsuit?
Depositions are less formal than court proceedings in a lawsuit, but they are sworn testimony just the same. Auto accident attorneys and others will review the answers provided closely, look for ways to improve their cases, and search for any weak answers to take advantage of.
The deposition is important because it determines each side’s version of events and establishes the witness’s credibility. For example, a car accident attorney can depose each driver, passenger, or any party who saw the auto accident. They also may depose doctors or nurses who treated you. They also may depose close family and friends who understand how the crash injuries affected you.
Depositions differ from verbal exchanges during court trials because there is time for deliberation between questions and answers. Skilled personal injury attorneys use this extra time during depositions to create advantages for their side.
The role of an Orange County car accident attorney during a deposition is complex. A deposition allows parties for the plaintiff (the car accident victim) and the defendant (the at-fault driver) to question the other side and solidify their case. The deposition reveals the events that led to the car accident. An experienced car accident attorney can use depositions to strengthen their case and weaken the defendant’s case.
You are entitled to certain rights if you are deposed. You have the right to have your attorney present and confer privately with them during the deposition. You also can object to inappropriate questions and may clarify your answers. What Happens After The Orange County Car Accident Deposition?
Several things can happen after a car accident deposition. First, the person being questioned under oath – the deponent – will be given a written transcript of the proceeding. A transcription firm or court report prepares the transcript word for word, so everything said during the deposition is recorded.
The deposition transcript states who said what, and the questions that attorneys ask are verbatim. The responses from the deponent are also stated. The transcript will note if any objections were raised and conversations between the plaintiff’s and defendant’s attorneys.
The deposition transcript attempts to recreate the context of the legal exchange with 100 percent accuracy. Once the transcript is produced, the deponent must review it for errors or omissions. It can be correcting a typo, clarifying an unclear answer, or expanding on an incomplete one. There can be corrections to how an objection was raised and why, and any misspellings of names will be fixed. The deponent also must verify that the final transcript aligns with their testimony.
Once you and your auto accident lawyer are satisfied with the transcript, you sign it and certify it as accurate. The signed deposition transcript is the legal record of your deposition. The final, signed document is the legal record of the legal deposition. Everyone involved in the car accident lawsuit will refer to the transcript as sworn evidence in the court case.
For example, if the at-fault driver changes their recollection of how the crash happened, your attorney can use the deposition transcript to point it out. Having a signed deposition transcript as proof of testimony in your car accident lawsuit is critical.
Medical Examinations Could Be Required
After the deposition is over, the defendant’s attorney can ask you to have an independent medical examination or IME. This is common when filing a lawsuit for a car accident. Your attorney will explain to you how to prepare for the exam if it is requested.
The auto accident insurance company usually selects the doctor you see for your exam. They may try to sound like the exam will be fair and objective, but it’s not usually so. The doctor can try to downplay your injuries and look for other reasons for them than the car accident. Your auto accident lawyer knows how IMEs can damage a case so they will counter it by:
- Telling you to only provide information to the physician about what is asked. Don’t volunteer information. The less you say, the better. Stick to the questions asked and nothing more.
- Have your medical provider compose a report on your auto accident injuries and how they affect your life.
- Collect all medical reports that may be used for the accident settlement negotiations.
What Else Happens After An Orange County Car Accident Deposition?
After the deposition, the discovery process continues before the car accident lawsuit trial begins. Both sides may ask for more documents or ask more questions of the other party. Expert witnesses for the plaintiff and defense may also be called in to provide their experience on the case. For example, both sides may hire a car accident reconstruction expert to testify about how the accident happened and who caused it. Mediation
After depositions and discovery are completed, settlement offers can end the case. However, if the liable driver’s insurance company doesn’t offer a fair settlement, the next step may be mediation. The mediation process attempts to resolve the case before going to trial. The mediator is usually a retired attorney or judge who doesn’t have a stake in the case. The mediator will weigh the evidence from both sides and listen to both side’s arguments about how the accident happened.
The goal is to help the plaintiff and defendant resolve the case with a settlement to avoid trial. However, the mediator doesn’t decide who is liable. Rather, they encourage both sides to reach a compromise that avoids taking the case to court.
Schedule a Free Initial Consultation Today!
Out-Of-Court Settlement
A settlement is possible at any time before or during the trial. Sometimes, a settlement is reached during the trial before the jury renders a verdict. You get a settlement check if you agree to the car accident settlement and sign off. However, you cannot ask for more money later, so you must ensure a fair settlement. Your auto accident lawyer will review the settlement offer with you and provide their recommendation.
Trial
If the mediation process doesn’t work, the car accident lawsuit goes to trial. Taking a car accident lawsuit to trial is a big step. Your auto accident attorney will talk about the pros and cons of going to trial. They also will describe your odds of winning. Your auto accident lawyer will advise against going to court unless they’re highly confident you will win. Remember that personal injury attorneys aren’t paid unless they obtain compensation for you, so they have a vested interest in the outcome.
The plaintiff and defendant present their cases to the jury during the trial. The judge applies specific rules of evidence to set the records that the court will accept from both parties. Information from the deposition will probably be used during the case. Any discrepancies between the deposition transcript and trial testimony can damage that party’s credibility.
After a jury verdict, each side may file motions and appeals, depending on how the case was decided. There might be a request for a new court trial, a motion to change the judgment, or an attempt to ask for judgment, no matter the verdict.
If the jury finds in your favor, you will have a judgment that entitles you to compensation for your losses. Compensation may be relatively straightforward when the liable driver has enough insurance coverage. However, getting full compensation for your losses may be difficult if they don’t have insurance or minimal coverage. However, your auto accident attorney will be a helpful resource in getting the most compensation for your injuries.
You may feel nervous about being deposed in your accident lawsuit, but your personal injury attorney will be with you every step of the way. They will also review the possible questions with you and coach you about what to say and not say. With an attorney’s help, a legal deposition in a car accident lawsuit will proceed smoothly.
Speak To An Orange County Car Accident Attorney Today
If you’re in an Orange County auto accident caused by another person, you may need to give a deposition to obtain compensation. You should always have an auto accident attorney assisting with the process. Every part of the legal process can go wrong and damage your chances for compensation. So, you should have a personal injury attorney helping you. Speak to a car accident attorney in a free consultation today to learn more.