Some personal injury cases can be settled without filing a lawsuit. However, in most cases, a lawsuit must be filed. Once a lawsuit is filed, a process begins in which each party engages in discovery.
What is a deposition in a car accident case?
The deposition process is called escrow. It takes place outside of court during the discovery phase. Typically, car accident cases have the following phases:
- Discovery Phase
- Mediation
- Trial
- Appeal
Most depositions take place in the attorney's office. However, there is a strict procedure for conducting the deposition. Before the deposition, the court reporter will swear in all testifiers. The court reporter will then accurately record all questions and answers during the deposition. In addition, you must receive at least 30 days notice from the defendant's attorney to participate in the deposition. The deposition process can take anywhere from 30 minutes to several days, depending on the circumstances and complexity of the case.
What happens during a deposition?
During a deposition, the lawyers for each side ask questions of the testifiers to determine the case's strengths and weaknesses. The defendants present their versions of what happened.
Here are the standard questions that are most often asked during questioning:
- your past life and medical history
- what happened before, during, and after the accident
- what injuries you sustained, their severity, and the cost of treatment
- information about your job, income, and work time missed due to injury
Can my lawyer be with me during the deposition?
You are not legally required to have a lawyer in personal injury cases. But having an experienced lawyer will be a plus. A lawyer can professionally prepare you for the deposition and discuss possible questions about the case with you. Your lawyer should be present during the questioning.
An attorney may object to a question asked of you if it is irrelevant, violates your privacy, or may mislead you. The objection will be recorded and subsequently considered by the court. An attorney may instruct you not to answer specific questions or limit your answers to short information.
Florida Car Accident Lawyers
Panama City Car Accident Lawyers
Jersey City Car Accident Lawyers
Lowell Car Accident Lawyers
What happens after you have been questioned?
After the questioning, the court reporter will transcribe the hearing and provide copies of the transcript to you, your attorney, the defendant, and the defendant's attorney. Each party may continue to gather evidence and formulate its strategy for presenting the case.
You can proceed to settlement negotiations or trial once the questioning and discovery phase is complete.
How does testimony affect the process and settlement timeframe?
The fact of giving testimony cannot change the settlement timeframe. This stage is only mandatory and takes a certain amount of time. However, the information obtained from the testimony can influence the parties' positions, revealing each other's strengths and weaknesses. This can speed up the settlement of the case at the negotiation stage. Usually, a traffic accident case settlement can take several days to several months.