What Should I Expect In My Car Accident Deposition?

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Jill Cohen

What Should I Expect In My Car Accident Deposition?

If you’ve been injured and your case goes into litigation, your attorney will talk to you about discovery.  As discussed in an earlier blog post, the most common types of discovery are interrogatories, requests for production of documents, requests for answers, and depositions.

A deposition is a process where attorneys for both sides of a case ask a witness a series of questions pertaining to the case, usually trying to get more information about the facts of the case to get a greater understanding of the entire situation.  The witness will be testifying under oath, so everything he or she says must be answered truthfully.  There will be a stenographer or court reporter in the room to record everything that is being said and the stenographer will then create a transcript of each witness’ deposition for all of the parties.  The parties then have a record of what was said at the deposition which can assist in following up on evidentiary leads.  There may be new people to speak to, new documents to look for, or developing a new strategy for trial.  Depositions are also good preparation for attorneys to know what questions they do or do not want to ask at trial – because they have already heard the answers!

Now that you know what a deposition is and why it’s useful in litigation, what should you expect from a deposition?

You may receive a notice in the form of a subpoena which will notify you that you must appear at the stated date and time at a stated location to be deposed.   Alternatively, this may just be arranged by your lawyer.  The notice may indicate how long the deposition is expected to last.  You may also be asked to bring documents with you, often photographs or other records that are related to your injury.  You may also be asked to bring physical objects, for example medical equipment that you needed after an injury.

Before going into a deposition your attorney will talk to you about the facts of your case and prepare you for questions he will ask you, but also what the other attorney may ask you.  Your attorney cannot tell you what to say, but will tell you to answer honestly.  Your attorney will be sitting with you through the whole deposition, so you will have a familiar face in the room with you.

A deposition almost always starts with easy, basic questions, which ease you into the deposition.  You will state your name and address. You will often be asked your occupation and the address of your job.  You will probably then be taken back to the day of the injury and asked a series of questions about that day, the circumstances surrounding the accident, what you did after the accident, your medical treatment, work that you missed, and any changes in your quality of life.

So let’s see how this plays out using an example of a basic car accident.

On December 20 at 6 PM you are the driver of a car, driving on a busy highway during rush hour.  You are looking at the traffic in front of you, when suddenly your car is jolted and you realize you’ve been hit from behind by another car.

After the initial, basic questions, the attorney may ask you questions to describe the accident and the extent of your injuries:

-Do you recall the evening of December 20?

-Can you tell me what you were doing that day?

-What was the traffic like?

-Did anything out of the ordinary happen?

-Describe the accident for me.

-Right after the accident what did you do?

-What did the Defendant do immediately after the accident?

-If you and the Defendant spoke to each other, what did each of you say?

-Did you call the police?

-What did you say to the police officer?

-Did the police officer write up a report?

-Did you see the officer give anyone a ticket?

-Did you go to the hospital?

-How did you get to the hospital?

-Which hospital did you go to?

-Did they run any tests on you?  What kind of tests were they?

-What did they tell you about your injuries?

-Did they tell you to follow up with any doctors?

-What doctors did you see and for what injuries?

-Describe the pain that you were in.

-What could you not do or did you have difficulty doing because of your injuries?

-How long did those limitations last?

-What can you no longer do that you used to do?

-How has this affected your ability to work?

We hope this gives you some insight as to what might go on in a typical car accident deposition!

Depositions in Divorce Cases

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Shari Broussard
Depositions in Divorce Cases

MARYLAND/ DC/ VIRGINIA/ DEPOSITION/ COURT REPORTER/ INJURY LAWYER/ DIVORCE LAWYER

A skilled court reporter has the ability to cover a wide variety of cases, from personal injury and accident cases, to family law and divorce cases. Depositions taken in different types of legal matters can present different challenges to court reporters depending on the emotional stakes or subject matter of the case. For example, injury cases often involve a lot of technical and medical language that the court reporter must take down correctly.

Divorce depositions are often especially unique because of the personal and emotional nature of the issues that accompany divorce actions.  While a personal injury lawyer might use a deposition to get witness testimony or accounts regarding an accident, a divorce lawyer’s goal is to get as much personal information as possible about the other party.

Depositions taken in divorce matters usually serve to find facts or information that aren’t gained through normal discovery. The deposition can be a divorce lawyer’s best opportunity to find out about the opposing party’s personal life, spending habits, and parenting style. Often, deponents who have not been properly prepped by his or her lawyer will accidentally volunteer information that would not have otherwise come out. Divorce lawyers rely on these statements to strengthen the case that they will bring before the Court, and it is crucial that the court reporter capture every question and answer as accurately as possible.

Hours of questioning on such personal and uncomfortable topics can easily lead to shouting matches, backtracking, and a lot of stuttering.  Throughout these exchanges, it is the court reporter’s job to take down an accurate record of the proceeding.  Experienced court reporters will anticipate the difficulty of divorce depositions and be prepared to precisely recount the deposition, despite cross talk and arguments.

Divorce depositions can become even more complex when a child is deposed. In an intimidating situation like a deposition, children can become emotional and easily overwhelmed. The question and answer process can be strenuous for all parties, from the child who feels singled out, to the lawyer who struggles to be sensitive while getting important information. Children often become increasingly quiet when questioned, further increasing the difficulty of the court reporter’s job. Some states do not allow children to act as witnesses, but in Maryland, Virginia, and Washington, D.C., a child can be deposed as long as he or she is deemed competent by the Court.

Qualified court reporters can handle the emotional strain of divorce case depositions with professionalism and are able to provide clients with a factual record of the proceedings.

Best Practices for Using Word Lists in Depositions

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Shari Broussard

Properly Assembled Word Lists Help Court Reporters & Make Depositions Easier

Word lists are a very effective way of assisting court reporters in keeping an accurate transcript, as well as making sure that the deposition proceeds as smoothly as possible. Put simply, word lists are lists of key phrases that will be used during the deposition that may either be technical in nature, or have unique spellings. Best practice dictates that the trial lawyer prepare the list in advance so that the list can be given to the court reporter or the court reporting agency before the deposition begins.

One good example comes from a medical malpractice case. The case involved whether an eye doctor committed malpractice. The eye doctor was an ophthalmologist, not an optometrist. The medical malpractice lawyer taking the deposition clearly understood that most of the world spells “ophthalmologist” improperly, missing the third letter, which is an “h”! Accordingly, the lawyer taking the deposition prepared a word list that included the word “ophthalmologist.” This helps improve the accuracy of the transcript when it was ultimately completed.

In some instances, a deposition of a witness may span several days. There may be new court reporters who come in and out at different times, and a word list helps the new reporter figure out exactly what the testimony is about.

A final benefit of using a word list is that it helps the deposition proceed more quickly. When a court reporter is unsure as to the spelling of the word, the court reporter will later need to get the correct spelling. Having a word list that was delivered in advance of the deposition will help this process proceed more smoothly.

A good word list is simple to create. The trial lawyer can simply create a basic list of key phrases. It is recommended that the lawyer deliver this to the agency ahead of the deposition, as well as the court reporter at the time of the deposition.