A deposition may be necessary if you are taking the other driver to court. In most cases, the other driver is insured, and their insurance company will be defending them in court. Depositions come before court begins and are an important part of trial preparation. You can get ready for your deposition by following the below tips.

  1. Review information – Gather your case paperwork and refresh your memory of the accident and your medical treatment. If you have been keeping a pain journal, look back on your entries and recall how the accident injuries made you feel.
  2. Talk to Your Lawyer – Cases end up in court for a reason. As the victim, know why the case is being litigated by talking it over with your lawyer. For example, the other side could be questioning your medical treatment costs, preexisting conditions, or the way the accident occurred. Attending a deposition without this information is like trying to drive without a steering wheel.
  3. Know What to Expect – Most depositions are held in conference rooms at a law firm, and they are not open to the public. You will be questioned by both your lawyer and by the lawyers for the other driver. Present will be a court reporter but no judge. You will be sworn to tell the truth and you are testifying under penalty of perjury. Your time to testify can be an hour or so or it could take a few days, depending on the complexity of your case. For example, if you have permanent, serious injuries because of the accident, a lot is riding on the deposition, and you could face more questioning than a case with lower damages.
  4. Other Parties Are Also Deposed -- Don't be surprised to see others at the deposition. In many cases, witnesses, medical professionals, the other driver, and others are interviewed. However, only one party will be deposed at a time in the same room. Avoid making small talk if you should encounter anyone else involved in the case before or after their testimony.
  5. Your Behavior is Key – There is still time for the other side to offer you a settlement. Many offers happen after deposition because the other side will become more aware of what they will be facing in the upcoming trial. The way you behave is key so try to be calm and well-spoken as you give your answers.

For more tips on getting ready for your accident deposition, speak to your car accident lawyer.