If you have been involved in a California personal injury accident that was not your fault, you probably have a number of questions about how the legal process works once you have filed a lawsuit against the negligent driver. A personal injury lawsuit begins with the filing of a complaint against the negligent party or parties. Each side then tries to determine what happened in the accident and what evidence is available to support or contradict the claim of negligence. One way that lawyers try to determine what evidence will be presented in a court trial is to take depositions.
A deposition is the sworn testimony of a witness taken before trial. The testimony is generally taken at one of the lawyer’s offices. There is no judge present during a deposition but each witness is placed under oath and must swear to tell the truth. Lawyers for both sides may then ask questions. The questions and answers are recorded and later transcribed by a court reporter.
In most cases, anything that you testify to in a deposition may be introduced at a later trial. Additionally, if the witness is unavailable when it is time for the trial, the answers given during the deposition may be entered into the record as if the witness were present. The deposition process is very formal as a rule. You will sit with your attorney and a representative from the opposing party will be there with their attorney. Once you are sworn in, the attorney for the opposing party (in this case the other driver) will begin asking you questions. Taking part in a deposition can be an intimidating process but the better prepared you are the more relaxed and comfortable you will feel. California personal injury attorney Emery Ledger of Ledger & Associates offers the following tips to help make the deposition process easier for witnesses:
1. Spend time preparing with your lawyer before the deposition. The legal process in general can be scary if you are new to it. A deposition can be very formal and may make you feel somewhat uncomfortable if you are not prepared well. Spend as much time as you need with your lawyer ahead of time practicing what the deposition will be like. By doing this, you will know better what to expect and be more comfortable answering the questions.
2. Listen carefully to the question. Always listen to what the lawyer is asking you. If your lawyer objects to the question being asked then wait until the lawyers have finished debating the objection and your lawyer gives you the go ahead to answer it.
3. Answer only the question being asked. Try to focus on exactly what the lawyer is asking you. Do not add any additional information. Be truthful in your answer but do not offer additional information. If you feel that an explanation for your answer is needed, speak to your lawyer and they can decide whether to bring that information out when it is his turn to ask questions.
4. Stay calm. Sometimes, the lawyer for the opposing party may ask questions that you feel are offensive or that anger you. Try to remain calm and simply answer the question unless your lawyer tells you that you do not need to. If you feel that the question creates a misunderstanding or leads to an incorrect conclusion then tell your lawyer and let him straighten it out when it is his turn to question you.
If you have any additional questions about the deposition process or accident litigation in general, please feel free to contact California personal injury lawyer Emery Ledger at Ledger & Associates 1-800-300-0001 or online at www.ledgerlaw.com.
