Getting involved in an auto accident can be a traumatic experience and literally turn your world inside out. If the accident was caused by another individual’s careless, , you’ll need to seek legal representation. At that point, the personal injury attorney you consult with may talk to you about giving a “deposition” or being “deposed” by the opposing party’s personal injury lawyer in Richmond Hill.
What is a Deposition?
According to legal sources, the term “deposition” refers to “a witness’s sworn out-of-court testimony.” Depositions are used for the purpose of gathering information as a part of the “discovery” process and may be used in a trial under limited circumstances. Depositions can be both oral and written. However, the rules that apply to them often vary by jurisdiction.
What happens once You’ve given a Deposition in an Auto Accident Case?
Generally speaking, depositions are inadmissible in court proceedings because they are considered hearsay. There are several things that can happen after giving a deposition:
• Request for an independent medical exam – once you’ve been deposed, the legal team of the at-fault party will most likely request that you undergo a medical exam. But the insurance companies hire the same doctors repeatedly and these doctors typically have a reputation of minimizing the extent of a claimant’s injuries. Furthermore, they often lack the specialization required to evaluate your injuries.
• Review of the recording or transcripts – both you and the opposing party will have an opportunity to review the electronic recording or transcripts of the deposition to not only determine how to proceed with your case but to check for errors also. In some cases, this may lead to the need for additional depositions.
• Settlement – in many instances, a deposition leads to a settlement offer when the insurer of the at-fault party determines that this is in the victim’s best interests. Your personal injury attorney will evaluate your claim based on what your injuries have cost you out-of-pocket and how it’s impacted your quality of life.
• Trial preparations – if the insurance company refuses to settle or you reject their offer, your case will go to trial and your personal injury attorney will start preparing for it. This often includes arranging for the witness’s testimony, determining which witnesses to call on, preparing the opening and closing statements, and presenting the evidence.
The rules and guidelines for depositions often vary by jurisdiction. The personal injury attorney you consult with will know these rules and guidelines in your state. That is why it is best to consult with a lawyer with years of experience in handling a plethora of similar cases.