Your Legal Rights at Work

Why You Might Need To Participate In A Deposition After Being Injured In A Car Accident

by Lewis Hamilton

Distracted driving, such as when a motorist drives while distracted by a mobile device and runs a red light, is a dangerous but common activity that can cause car accidents and serious injuries. If you have been involved in this type of car accident, you may eventually have to participate in a deposition if you're going to trial. You may wonder what a deposition is and how it can affect your case.

The Role of a Deposition in a Car Accident Case

A deposition is a formal interview before a trial, where the lawyers ask you and other witnesses questions. A deposition can play an essential role in a car accident case, as it can help you and your lawyer to:

  • Establish the facts of the accident, such as how it happened, who was at fault, what damages the liable party caused, and what damages you suffered
  • Identify and evaluate the strengths and weaknesses of your case and the other party's case
  • Prepare for the trial by anticipating the questions and arguments the other party will use and developing strategies and responses

Even if you ultimately decide to settle your case out of court, the deposition may play a role as you negotiate a settlement by showing the other party that you have a strong case and are ready to go to trial if necessary.

Risks Associated with a Deposition

A deposition can also have some risks and challenges, such as:

  • Being cross-examined by the other party's lawyer, who may try to confuse or contradict you or make you admit something that can hurt your case
  • Revealing information that the plaintiff might use against you, such as prior injuries, medical history, or a criminal record
  • Spending time and money preparing for and attending the deposition

Therefore, it is crucial to prepare well for your deposition by reviewing the facts of your case, consulting with your lawyer, and practicing your answers. 

You should also be honest, polite, and concise when answering the questions and avoid guessing, speculating, or volunteering information that is not asked for. Your deposition is a crucial opportunity to tell your side of the story and to persuade the other party that you deserve fair compensation for your injuries and losses. For example, you can emphasize the recklessness of the other driver's choice to text and drive. Then, you may have a more favorable outcome with your case.

Contact a personal injury lawyer for more information.