When you're sued for personal injury damages in a car accident, there may come a point where you'll be required to give a deposition. A deposition is very important to your case, so it's important to understand what to do.
What is a Deposition?
A deposition is when a lawyer asks a witness to a car accident questions under oath. There is usually a video recording and a court reporter who takes an official transcript of what was said.
The witnesses can be both drivers, passengers in the cars, or anyone else who saw the accident. The point of a deposition is for the lawyers to find out what each witness saw so they can prepare for trial and avoid any surprises.
Do You Have to Go to a Deposition?
Yes, you have to go to a deposition and answer the questions. A car accident case is a civil matter. You don't have a right to remain silent like in a criminal case.
Your lawyer will be with you during the deposition. They can object to any questions the other attorney isn't supposed to ask. They can also ask you more questions to clarify things in case the other attorney tries to get you to say things that can hurt your case when taken out of context.
Do You Have to Tell the Truth at a Deposition?
You have to tell the truth at a deposition because you're under oath. Lying can be considered a criminal offense.
In addition, the other lawyer can often find out if you're not telling the truth. You may have made another statement, or they may have other evidence. If the other lawyer can prove you're lying, it will significantly hurt your chances at trial because you will have no credibility with the judge or jury.
What if the Lawyer Asks Something That Hurts Your Case?
It's possible that the lawyer will ask you to admit something that hurts your case. For example, you might have to admit to speeding.
You should still tell the truth and let your attorney take care of the rest. The bad facts may not hurt your case as much as you expect, or they might have come out anyway. Even if you think your case is no longer strong, you may still be able to reach a settlement based on other evidence.
To learn more about what to do in a deposition, contact a local car accident attorney today.
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