Car accidents are stressful, confusing, and traumatic experiences to go through. They happen in a matter of seconds and leave both parties feeling jolted and out of sorts. In the aftermath of an accident, those affected may be searching for monetary compensation for damages and medical expenses. In order to create a justice system in which every voice is equally heard, a car accident deposition is used to establish the facts for both parties so neither is blindsided during the upcoming trial.
Discovery Phase
A car accident deposition occurs during the discovery phase of a trial. The discovery phase allows both parties to assess the other’s position. They can gather further evidence during this time to strengthen their case based on the argument presented by the other.
Car Accident Deposition Purpose
The car accident deposition was created to give time for the defendant to go through the facts of the lawsuit being pressed against them. It allows time for the defendant to react, hire their own attorney, and build their own case. During this process, the plaintiff and the defendant will both be questioned again about the events leading up to and during the accident. If a plaintiff does not have a competent personal injury attorney, they can hurt their own chances for gaining the compensation they deserve. While the plaintiff cannot legally win a case here, they can surely decrease their chances of losing it.
Who Can Depositions be Taken From?
Anyone involved in the accident may be questioned during the deposition. This includes the plaintiff, the defendant, and any passengers in the car. During this phase, the plaintiff and defendant will be required to share witness accounts with the other party. This can lead to later questioning of the witnesses in order to paint a clearer picture of what happened during the accident.
Doctors who treated injuries resulting from the accident may also be questioned and have their statements written down. Documentation of the injuries is also needed during this phase to help give both the defendant and plaintiff a more thorough understanding of the event. Police officer reports are also pulled in at this time.
Where does a Car Accident Deposition Take Place?
Most court systems require that the deposition be held at a location reasonably close to where the witnesses live. This is to avoid making too much of an inconvenience or disruption to their everyday life. It can be held in one of the offices of either the plaintiff or defendant’s attorney or at a courthouse library. It can also be held in a business conference room, a doctor’s office, or in the living room of one of the witnesses’ residencies.
If you have been involved in a car accident, you are going to want a strong team of personal injury attorneys to represent you. The attorneys at Branch & Dhillon are dedicated to helping our clients get the compensation they deserve. We are a no-win, no-fee law firm, which means there is no risk to you. Contact Branch & Dhillon, P.C. today for a free consultation.