If you are involved in
a car accident and want to file a personal injury claim, you need to collect as
much data as possible. This is known as the “discovery” part of the case.
A significant part of
this discovery is called the deposition which is a session conducted in a form
of out-of-court question-and-answer manner during which you give your testimony
under oath. The Valdosta, GA accident lawyer, for example, of the opposing
party will ask you questions, while the plaintiff’s attorney would ask
questions to the defendant. Although depositions are conducted out of court,
the testimony is under oath and so subject to those penalties that are
applicable to committing perjury in court.
Deposition in a car accident case
Apart from those who
are involved in the car accident, depositions may be given by others also and
these include:
- Any witnesses to the car accident
- Medical providers
- Police officials who have responded to the accident
- Expert witnesses
Besides the individual
giving a disposition or the deponent, people who are present at the deposition
can include the opposing parties to the injury lawsuit, their Georgia car
accident attorneys, court reporter, as well as an individual who is qualified
to administer the an oath.
This may seem
complicated and it can be if you do not have a legal representative standing
near you and shielding you from the blasts the other side is going to be
shooting at you. Your lawyer will not be able to block everything but they will
be able to either absorb or deflect many of the legal shots targeting you. Press
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The deposition process
Any testimony offered
at the time of a deposition can be introduced at the trial, if any
discrepancies are found between this deposition and the trial testimony. The
rules and procedure for depositions differ from one state to another. However,
for the most part, if you are required to appear at a deposition, you would be
notified in advance of the venue and time of deposition.
It is conducted at a
convenient location, typically in the county where the lawsuit is pending or
the witness lives. Depositions can last for around an hour, and the length of
time depends on who the deponent is as well as the complexity of the case. Your
Valdosta, GA accident lawyer will work with you on this.
Once the deponent is
sworn in, the opposing lawyer might begin the session by giving basic
instructions and stating that every response must be verbal, since the court
reporter is unable to note down gestures and action. Deponents are asked the
usual background questions, along with a set of questions, which sets the stage
for this car accident. These questions include:
- Date, day of the week, and time
- Precise location of the accident
- Weather and traffic conditions during the accident
- Whether traffic control devices were involved
The deposition ends
when the questioning lawyer has no more questions to ask and you are free to
go. Following the deposition a transcript is prepared and a copy of the
transcript of your deposition is handed to you, for you to correct any
mistakes. You should sign this transcript to confirm its accuracy.
If you are required to
be present at a deposition, make sure to hire a sharp and cunning Georgia
accident lawyer to help with the process. This process may seem difficult and
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tackle your legal problems alone this process can be much more complicated and
stressful than it seems right now to you.
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