What is a Deposition in a Car Accident Case?

If your car accident claim cannot be settled through initial negotiations, your attorney may need to file a lawsuit. This moves your case into the formal “litigation” process. One of the most important and often nerve-wracking stages of litigation is the deposition.

The opposing attorney will request to take your deposition. This is a formal, out-of-court question-and-answer session where you, as the plaintiff, will give sworn testimony. It can feel like you are on trial, but it’s crucial to understand that a deposition is not a trial. It is a key part of the “discovery” phase of a lawsuit, where both sides gather information about the case.

While the idea of being questioned by the other side’s lawyer can be intimidating, a deposition is a standard and necessary part of the process. With proper preparation from your attorney, you can navigate it with confidence. This guide will explain what a deposition is, why it happens, and what to expect.

Useful Information for You: In a Nutshell

• It is Sworn Testimony: A deposition is a formal Q&A session where you answer questions from the opposing lawyer under oath. A court reporter will record everything you say.
• Its Purpose is Discovery: The other side is “discovering” the facts of the case. They want to know what you will say at trial, lock in your story, and assess your credibility as a witness.
• Your Lawyer Will Be There to Protect You: You are not alone. Your attorney will be with you throughout the entire deposition to object to improper questions and advise you.
• Honesty and Brevity are Key: The golden rules of a deposition are to always tell the truth and to only answer the specific question that is asked. Do not volunteer extra information.
• It is a Critical Event: Your testimony at a deposition can have a major impact on the final settlement value of your case.

What is the Purpose of a Deposition?

The insurance company’s lawyer has three primary goals in your deposition:

1. To Know the Facts: They want to hear, in your own words, how the accident happened, the nature and extent of your injuries, the details of your medical treatment, and how the accident has impacted your life.
2. To Lock in Your Testimony: Everything you say is recorded and can be used to challenge you later if you change your story at trial. They are looking for inconsistencies.
3. To Evaluate You as a Witness: This is a crucial, unspoken goal. They are sizing you up. Do you come across as honest and sympathetic? Or are you argumentative and prone to exaggeration? Their assessment of how a jury might perceive you will directly impact how much they are willing to offer to settle the case.

Who Will Be in the Room?

A deposition typically takes place in a conference room at a law office, not a courtroom. The people present will be:

• You (the “deponent”)
• Your Attorney
• The Opposing Attorney (who will be asking the questions)
• A Court Reporter, who will administer the oath and create a verbatim transcript of the proceedings.

What Kind of Questions Will They Ask?

The questioning can be very broad. You can expect questions about:

• Your background: Your personal history, education, and work experience.
• The accident: A minute-by-minute account of how the crash happened.
• Your injuries: A detailed history of every injury you sustained, from the first moment of pain to your current symptoms.
• Your medical treatment: Every doctor, hospital, and physical therapist you have seen.
• Your prior medical history: They will ask about any prior injuries or conditions, especially to the same parts of your body.
• How your life has changed: The impact of the injuries on your work, hobbies, and daily activities.
• Your damages: The amount of income you have lost and your medical expenses.

How to Be a Good Witness: The Golden Rules

Your attorney will spend several hours preparing you for your deposition. The key rules are simple:

1. Always Tell the Truth: This is the most important rule. A lie, even a small one, can destroy your entire case if discovered.
2. Listen to the Question: Make sure you understand the question before you answer. It’s okay to ask the lawyer to repeat or rephrase it.
3. Pause Before You Answer: Take a brief moment to think before you speak. This also gives your attorney time to object if the question is improper.
4. Only Answer the Question Asked: Do not volunteer information. If the question can be answered with a “yes,” “no,” or “I don’t recall,” that is a complete answer. Do not elaborate unless asked.
5. Do Not Guess: If you don’t know the answer or can’t remember, the correct answer is, “I don’t know” or “I don’t recall.” Never speculate.

A deposition is a significant milestone in your case. If your Tacoma-area car accident claim requires a lawsuit, you need an experienced trial lawyer who knows how to prepare you for this critical event. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who have the litigation experience to guide you through the deposition process and beyond.

References

• Washington State Court Rules of Civil Procedure – CR 30 – Depositions Upon Oral Examination:The official court rule that governs the procedures, rights, and responsibilities for conducting a deposition in a civil lawsuit in Washington.https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr30
• Washington State Bar Association (WSBA) – The Lawsuit Process:The WSBA provides consumer guides that explain the different stages of a lawsuit, including the “discovery” phase where depositions take place.https://www.wsba.org/for-the-public