Depositions in a Texas Car Crash Lawsuit
Many car accident cases can be successfully resolved out of court, directly with the at-fault driver’s insurance company. However some should be filed in court and taken to a jury. The depositions of all drivers, witnesses, and doctors are crucial.
This is just one of the many advantages of hiring a good personal injury The complicated litigation process is beyond the scope of this brief explanation. However if you are trying to represent yourself, you should consider hiring a good injury lawyer immediately. It will be difficult, if not impossible, to successfully represent yourself in court against the company’s lawyer.
If you are a client of this law firm, you will be kept advised of the lawsuit process every step of the way. We will work with you to obtain a date and time that are convenient for you. Before the deposition, Mr. Berenson will personally meet with you, explain the deposition process, and go over questions that he expects will be asked of you. He will be there by your side during the deposition to teach you and protect your rights.Why do you have to give a deposition?
Once you file a lawsuit, the other side is entitled to depose you to learn more about how the car accident happened, who is at fault, and what your injuries and damages are. Likewise, our attorney will depose the other driver(s) to:
- Hear his account of how the crash happened
- Gain insight into what the defendant will testify to at a trial
- Assess the strengths and weaknesses of your case
- Understand the defendant’s financial and insurance resources
- Develop a settlement or litigation strategy
- Learn about the defendant’s case strategy
Most depositions occur at a lawyer’s office where a court reporter records everything that is said. After being sworn in, the other attorney asks you a series of questions which you must answer truthfully. If you do not know an answer, it is okay to answer, I don’t know or I can’t remember. Our attorney also has the opportunity to ask you questions to elicit favorable information or to clarify your responses should this be necessary. He will have already prepared you ahead of time so you feel confident and secure while answering tough questions.Common questions asked in a personal injury deposition
You will be asked specific questions about the accident and your injuries. The attorney may also ask you about past experiences and may seem to question your veracity. Remember, he represents the other party and is assessing opportunities to limit his client’s damages or prove he was not at fault. Rest assured that Texas discovery rules prohibit intimidation, harassment or abusive conduct. Our attorney remains by your side to object to inappropriate questions and to make sure you are treated with respect and fairness.
Our Fort Worth accident attorney can provide you with a general list of questions to expect that relate to your claim. The specific questions you may be asked depend upon the facts of your case, but common questions in an auto accident deposition include
- What is your background?
- Can you describe how the collision occurred?
- What were you doing just before the crash?
- What was your/other driver’s speed?
- When was the first time you saw the other car/truck?
- How hit who/could you have avoided the collision?
- Were other vehicles involved/are they to blame?
- Have you spoken to them/eyewitnesses?
- Was the weather or another outside influence a factor?
- Were you using your phone or texting while driving?
- Had you had anything to drink or take any illegal drugs?
- What was the weather like that day?
- Were you wearing a seat belt?
- What are your injuries
- Were you taken by ambulance to the ER?
- What treatment and testing was performed there?
- What types of medical treatments have you received?
- Have you had or do you need surgery?
- Have you suffered a similar injury in the past?
- Have any of your medical bills been paid by health insurance or other source?
- Have you returned to work? How much are your lost wages?
- What other injuries did you sustain?
Depositions are intimidating, especially to somebody who has never given one before. However if you are prepared, the process should go smoothly and help to resolve your claim favorably. In fact, the opposing side sometimes agrees to an equitable settlement after taking or client’s deposition and seeing how its insured driver handles himself when he is questioned.
Mr. Berenson recommends tips for giving a successful deposition and reducing the stress of the experience including the following:
- Always tell the truth
- Listen to the question and carefully consider your responses
- Keep your answers brief and do not volunteer information
- Do not let opposing counsel put words in your mouth
- Never guess if you do not know the answer or cannot remember
- Ask the attorney to clarify if you do not understand the question
- Do not estimate time or distances that you are not sure about
- Remain calm and courteous to the attorney and defendant
Mr. Berenson thoroughly prepares his clients. If you have any questions or need legal assistance, he can represent you and guide you through your deposition. Schedule a free case evaluation to learn more about the lawsuit process.