A deposition in a car accident case is a formal statement you provide concerning the details of the crash. During a deposition, you will answer questions under an oath of honesty. This formal statement is a way to get your account of the car accident on record.
If you are unfamiliar with this process, then you may be wondering what happens after your deposition.
A Solano County car accident attorney explains the process in detail below.
Preparing and Reviewing the Transcript
As you give your deposition, a court reporter will record your words in real time. Later, this person will transcribe his or her short-hand notes into a full-length transcript. Both parties will receive copies of all the transcripts recorded.
Then, your attorney and the other party’s attorney will review them. At this stage, your attorney will evaluate the strengths and weaknesses of your account, as well as the other party’s account, of the event.
In some cases, a deposition in a car accident case will reveal the identity of other witnesses. Your attorney will likely have these witnesses deposed as well.
Using the Transcript to Reach a Settlement Negotiation
After receiving the transcript, the deposition in a car accident case is often used during settlement negotiations. Even if you have filed a lawsuit, your attorney will work closely with the insurance company’s attorney to try and reach a settlement. This is because settling out of court can save you both time and money. However, the goal is not just to resolve the case, but to resolve it by reaching a reasonable agreement. One way to achieve this is by presenting your deposition to the other party. If they believe you make a strong case, then they will be less willing to go to trial. This increases your odds of receiving a better offer and settling out of court.
Using the Transcript in Court as Evidence
Sometimes, settlements cannot be reasonably obtained. In this situation, giving your deposition in a car accident case could potentially help you in court. Since you were under oath during your deposition, these statements hold a lot of weight. Your account of the car accident will count as evidence in your favor. Also, because you may have to testify in court, the other party will likely question you, looking for contradictions in your deposition. You will want to prepare for this so that you are not discredited in court.
Further, your attorney may use your deposition to request a motion with the judge. For example, your attorney may make a motion for a summary judgement. This means your attorney is asking the court to determine a verdict based on your deposition, among other documents.
Injured in a Car Wreck? Get Help From a Solano County Car Accident Attorney
Car accidents can leave those involved with life-altering injuries. At the same time, they may cause you to rack up medical debt. If you sustained injuries in a car wreck, then you may be able to secure compensation for your losses. Contact a car accident attorney in Fairfield to schedule a free consultation and discuss your legal options. You can reach us online or by phone at (707) 425-0671.