If you have been subpoenaed for a deposition relating to an auto accident, you may be unsure of the process and wonder what kinds of questions you will be asked. In order to be an effective witness at a deposition, the following tips and information may help you when answering the opposing attorney's deposition questions.
Where Will My Deposition Take Place and What Can I Expect?
Generally, depositions take place in office of the attorney who scheduled the deposition, or possibly in a conference room at another building, such as a courthouse. The attorneys for both parties will be present as well as a stenographer--occasionally a deposition will be videotaped. As a witness to an accident, you will testify under oath, and must answer all questions you are asked, truthfully and as completely as possible. The opposing attorney may try to trip you up, but you need to remain calm and polite, and answer all questions as thoroughly as possible--without "over-answering." Keep your answers simple and to the point, and if you make a mistake, correct it immediately.
Questions
The "typical" areas of questioning you will be subject to include: your personal background, how the accident happened, and your injuries and treatment, if any. Questions regarding your personal background will likely include the following:
- Please state your name, address, phone number and social security number for the record.
- Please name all the addresses where you have lived for the past ten years.
- What is your educational background, including schools and degrees, education and training you have had since you left school or college?
- What is your family background (including marital status, number of children, who lives with you, etc.)
- Describe your health and medical background, including other accidents and injuries before and after this accident and any chronic health issues.
- Detail your employment background, including your last several jobs and your current job, including duties, physical requirements, pay, et.
- Have you ever been convicted of a crime?
- Have you ever filed a lawsuit or made any claim such as worker's compensation claims?
Once you get into the area of how the accident occurred, be prepared to be specific, and, if you have already given a statement to the police or answered interrogatories, make sure your answers remain consistent. You may be asked:
- How far was the other car from when you first saw it?
- How fast were you going?
- How fast was the other car going?
- What part of your vehicle collided with what part of the other vehicle?
- Did you drink any alcohol the day of the accident?
- Did you fill out a report of the accident?
Don't guess--if you don't know, say so. You may be asked to draw a diagram of the accident scene, showing how it happened. Finally, you will be asked about your specific injuries and treatment. Be very careful when answering questions such as:
- What injuries are you asserting this accident was responsible for?
- Did you have any pre-existing conditions that have worsened because of the accident?
- Please list the doctors or health care providers you have seen as a result of your accident.
- What were your immediate symptoms following the accident? Did you get out of your car and walk around, or were you transported to the hospital for treatment?
- Did your initial symptoms get better or worse?
- What is the total of your medical bills which resulted from this accident?
- Have you missed any time from work as a result of this accident?
Getting Legal Help
Of course you may be asked somewhat different, and probably many, many, more questions by the opposing attorney. He may exhibit sarcasm or show disbelief at your answers. Remain calm, and look to your attorney for cues. After you are asked a question, pause, giving yourself time to fully formulate your answer and allowing your attorney the opportunity to object as well. Your attorney is your best resource to guide you through your deposition.
