What you need to know about Depositions in Auto Accident Lawsuits

All lawsuits seeking damages associated with vehicle accidents are known as civil lawsuits. Though the rules governing these suits vary from one state to another, civil actions usually adhere to the same format. Therefore, it makes sense to hire an experienced Louisville car accident lawyer to help you handle the three most important stages associated with the course of a civil action. Here are some of the important aspects you must understand.

The discovery

Once you handled the initial case filing, your case moves into the lengthiest phase known as the discovery. Its primary aim is to let both the plaintiff and defendant sides to exchange information and the necessary documentation regarding their respective claims as well as defenses.

The exchange of written documentation relating to or was created after the car accident is usually the first and an important step in the discovery phase. These documents could include medical bills, healthcare records, police reports, witness statements, photographs of the accident scene, and more.

Deposition

Deposition is another way of acquiring information relevant to a vehicle accident. The process allows an entity (via a lawyer) to ask oral questions of another entity who has information that’s pertinent to an aspect relevant to the auto accident. Note that depositions might be taken of a variety or entities such as.

  • Witnesses to the auto accident
  • The drivers of the vehicles involved in the crash
  • The police officers investigating the issue
  • The passengers who were riding in the vehicles involved in the crash
  • Doctors or healthcare experts who offered medical treatment to the people injured

Generally, there’s no limit to the entities that can be deposed as an essential element of a vehicle accident lawsuit. The single most important requirement is that the deponent possess reliable information regarding the case.

Note that deposition can be conducted nearly anywhere, but court laws require that it should be held in a location that’s reasonably close to the witness’s residence. That means if a witness lives in New York, he or she cannot be forced to travel to Houston for a deposition.

Besides, the law requires that deposition occur in an office of one of the lawyers involved in the lawsuit (but this isn’t a fixed requirement). Deposition can also occur in a courthouse library, business conference rooms, living room of the witness’s residence, a doctor’s office, and more.

Usually, depositions are attended by several people. These include the lawyer requesting the deposition, the witness (accompanied by his or her lawyer), other lawyers representing various parties in the case, and the court reporter. Note the court report is an essential part of the deposition process.

In every deposition, the testimony is given under oath. During the interview process, the court report uses a recording device to capture every word said by every individual attending the deposition. Generally, giving a testimony under oath means that the testimony was given under the penalty of perjury. Therefore, in case the witness knowingly provides false information, the witness will be subject to criminal or civil penalties.