A deposition is a formal legal meeting in which someone involved in a case or lawsuit is asked questions under oath. It typically occurs during the discovery phase of a car accident lawsuit, where both sides of the case are attempting to learn more about the crash. If you get called in for a deposition as part of your Texas claim, prepare for it with assistance from a car accident attorney in San Antonio.
What Is a Car Accident Deposition?
A deposition is a formal interview that involves an individual providing sworn testimony about a specific legal matter outside of court. The individual being deposed could be one of the parties involved in the lawsuit (the plaintiff or defendant) or a witness. The purpose of a deposition is for one side of the case to gain more information or evidence related to the car accident suit.
What Does a Car Accident Deposition in Texas Entail?
A car accident deposition in Texas will occur outside of court, typically in an attorney’s office or a private room at the courthouse. The parties present at the deposition can include the person being deposed, his or her personal injury lawyer in San Antonio, the attorney for the other side of the case (generally the person asking the questions) and a court reporter who will record the deposition. Representatives from the insurance company may also be present.
Getting Sworn In
A key part of a deposition is the fact that the individual being deposed is answering questions under oath. This means he or she has a legal obligation to tell the truth. The consequences for lying under oath during a deposition can include criminal charges for perjury. If you get deposed, the meeting will begin with you being sworn in.
Answering Questions
You will provide oral testimony as a party or witness by answering the questions asked of you honestly during the deposition. Your answers can be recorded and used later during the car accident lawsuit as evidence. Common topics involved in a deposition include:
- Your background information
- Facts and details about the car accident
- Information about your injuries (if applicable)
- Questions about your damages or losses
- The effects the car accident has had on your life
The testimony you provide during a car accident deposition can help establish the facts surrounding the case. You should look at it as an opportunity to tell your side of the story. With assistance from a car accident lawyer, you can use a deposition to your advantage.
When to Hire a Car Accident Attorney
While you are not required to hire an attorney to help you with a car accident deposition in Texas, you should do so for your own legal protection and peace of mind. The insurance company or lawyer conducting the deposition will not be on your side. Their goal will be to get you to say something that hurts your case and strengthens theirs.
A lawyer can coach you prior to the deposition so that you can learn what types of questions to expect and the appropriate responses. Having an attorney present during the deposition itself can also make the process easier and more rewarding for you. Your lawyer can ensure that your rights are protected during the meeting, the process is fair and that you take adequate breaks, as needed. Hiring a lawyer for your car accident deposition can allow you to proceed with comfort and confidence.