Serving Orange County

Car Accident Depositions: What To Expect

A deposition is a legal proceeding where the opposing attorney asks you questions about the case. In a case for injuries in a car accident, the insurance defense attorney will ask you questions about the details of the accident, any prior medical conditions, the injuries from the accident and how your life may have been affected by the injuries.

The deposition typically takes place at the opposing attorney's office, usually in a conference room where your attorney will also be present. You will be answering questions under oath and it is important to always answer truthfully. If you feel that you have inadvertently given an answer that you do not consider to be true, immediately correct that statement.

You should always remain calm and not let the attorney get you excited or angry with any questions. You should avoid making sarcastic remarks or answer a question with a sarcastic statement. The deposition transcript only records your verbal responses. The fact that you made a statement with an obviously sarcastic expression will be of no use or help.

If you do not know the answer to a question, do not attempt to answer that question with making assumptions or provide guesses or estimates. The opposing attorney may sometimes make you feel like you should know the answer to a certain question, do not let them, if you do not recall or do not know the answer to a question, you should only say you do not recall or that you do not know.

If at any time your attorney starts to speak, the attorney is likely going to object to the question. Do not continue answering the question once your attorney starts to speak. Do not verbalize to your attorney, what you were going to say. Always stop speaking until your attorney objects and advises you to go ahead and answer the question.

Do not think of the deposition as an opportunity to speak. The deposition is being taken by an attorney who is representing the individual who caused the accident where you were hurt. The insurance defense attorney will use the information you provide to either use it against you in court or to otherwise undermine your case.