What Happens After a Deposition in an Auto Accident Case?

A car accident lawsuit evolves in four main stages: discovery, settlement negotiations, trial, and appeal. Depositions occur in the first stage, discovery, which simply refers to the process of collecting and exchanging evidence in a case. The purpose of a deposition is to give each side an opportunity to gather sworn statements from the parties involved in the accident and anyone else who might provide relevant testimony.

The results of a deposition often turn the tide of a case. Therefore, it is important to work with an experienced lawyer beforehand. Your attorney will make sure that you are well informed about your rights, the governing law, and the dynamics of your case before going in. At Butler Kahn, our personal injury attorneys are ready to evaluate your accident and guide you through all stages of your case. Call us today for a free consultation.

What Is the Purpose of a Deposition?

The first phase after filing a lawsuit is a process known as “discovery,” in which all parties exchange evidence in the case. Depositions are an important component of this process in which individuals with information relevant to the case provide their sworn testimony. Individuals who give out-of-court testimony in a deposition are known as “deponents.” After their deposition, they are said to have been “deposed.”

Depositions most often take place at the office of one of the attorneys representing either party, but not always. The question-and-answer format in a deposition mimics the process of giving testimony in court, in which lawyers from both sides of the dispute ask questions to which witnesses then provide answers under oath.

Though attorneys from either side may object to questions, the rules governing the exchange vary across jurisdictions. In all cases, however, the person giving testimony is required to answer truthfully. Failure to do so can lead to legal consequences later on.

Learn more: For a video presentation by Tom Giannotti of Butler Kahn explaining depositions further, see What is a Deposition?

What Happens After a Deposition in a Car Accident Case?

Because depositions often represent watershed moments in the development of a case, the process of collecting and evaluating them is taken very seriously by attorneys on both sides. After depositions are taken, expect the following sequence of events:

• A transcript is prepared. Depositions are preserved in audio or video recordings. Everything said in the deposition is then transcribed in writing, ideally by a certified court reporter. At this point, the transcription is then finalized as a central piece of evidence in the case.
• The transcript is evaluated. Lawyers on both sides will carefully comb through the transcript to strengthen their client’s case and undermine the opponent’s. This may result in good or bad news for either party.
• Trial. If an out-of-court settlement cannot be reached, you can then take your case to court for trial. Needless to say, this represents a significant escalation in the case. Your attorney should help you weigh the cost of litigating a case in court against the likelihood of securing a significant judgment on your behalf.
• Appeal. If either side is not pleased with the result at trial, they may consider appealing the court’s decision. Of course, the longer the case is drawn out, the more resources it expends. Therefore, in the interest of saving time and money, only decisions with a significant chance of being reversed should be appealed.

What Kinds of Questions Might I Hear at a Deposition?

Depositions are essentially a kind of interrogation designed to gather information that simultaneously strengthens one side’s position and undermines the other’s. Attorneys from each side have an opportunity to question the deponent.

The process normally begins with a series of introductory questions. For example, a deponent will be asked to state their name, age, and address. They might then be asked questions about their marital history, educational background, and whether they have ever been involved in other lawsuits.

Eventually, the attorneys conducting the deposition turn to questions tailored to the unique circumstances of the case. For example, in a car accident case, drivers involved in the crash will likely be asked about the events leading up to the crash, what happened after, and the severity of their injuries.

Learn more: For examples of depositions in cases handled by Butler Kahn, follow the embedded links to the recorded depositions of a physician, truck driver, and director of operations at a trucking company.

Written vs. Oral Depositions

Sometimes depositions are conducted in writing rather than in person. In these cases, each side submits questions and answers to the other. Just as in an oral deposition, all answers must be truthful. A significant benefit of written depositions is that they are much more affordable.

On the other hand, this method eliminates the conversational aspect of an oral deposition, which can significantly diminish the value of the testimony because attorneys on each side cannot follow up on a deponent’s answers. Therefore, this kind of deposition may be reserved for neutral deponents who are more likely to tell the truth, scenarios in which the testimony can be cross-checked, or situations in which the spontaneity of the testimony is unimportant.

Contact a Skilled Car Accident Attorney Today

Though depositions take place early on in the life of a case, they can have a tremendous impact down the road. Individuals on both sides of the aisle should therefore work with an experienced attorney to make sure they do not undermine their own position.

At Butler Kahn, we are ready to guide you through all stages of your case and on the road toward maximum compensation. Our attorneys are proud to provide excellent legal representation to all of our clients. Call us today for a free consultation.

Jeb Butler

Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn