Being the most populous state in the south-central region of the US, car accidents in Texas are inevitable. Before getting involved in a car accident in Texas, you should know that the litigation process in Texas is exceedingly complex and shouldn’t be handled alone.
Depositions may seem frightening, especially given how they are being portrayed in popular media. They allow both parties involved in a car accident or lawsuit to gather testimony and information under oath before a trial.
Having an experienced personal injury attorney on your side is vital. Suppose you’ve been involved in a personal injury case. In that case, you will be served a deposition notice and must participate. You have absolutely no reason to fear this process, as Texas car accident lawyers can help you.
What is a Deposition?
A deposition is a formal proceeding where a party or witness to a lawsuit is questioned under oath by the opposing side’s attorneys. The court reporter records the testimonies and answers you give during a deposition. If necessary, it can be used as evidence in court.
Depositions in Texas occur in a law office, and you and the party involved must be present, including the court reporter and an interpreter, if necessary. During a deposition in Texas, all the parties to a civil lawsuit, including witnesses, defendants, and plaintiffs, provide a sworn out-of-court testimony.
In Texas, there are two (2) types of depositions: depositions upon written questions and depositions upon oral examination.
Depositions Upon Written Questions
During this hearing, you are provided with written questions beforehand. The legal team involved is given an exact timeframe to evaluate each inquiry. Once the objections are determined, the witness must answer the questions before a court reporter and an examiner.
Depositions Upon Oral Examination
Oral examinations are the most common form of deposition hearings in Texas. During this hearing, an examiner, usually a lawyer, will ask questions to the party or witness involved in the case.
The questions are not disclosed to the witness beforehand, and a court reporter is always present to transcribe their response to every question. You just truthfully answer each question to the best of everyone’s knowledge.
Some standard questions the lawyer of the opposite party will ask you include;
- Your name, job history, address, etc.
- What occurred on the day of the accident?
- How the car accident happened.
- If you were under the influence before the accident.
- What treatment did you receive after the car accident?
Why is a Deposition Needed in a Car Accident Lawsuit?
A deposition is vital for establishing witness testimony of what occurred in a car accident. If you’re involved in a car accident case, you will likely claim that the other party was responsible for your accident and should compensate you for your injuries and damages.
In Texas, you can file a claim if you’re less than 50% responsible for the car accident to recover damages. If you’re found to be less accountable for the accident, you can receive compensation for your injury and damage, but the amount you will receive will be cut down by the percentage of your responsibility.
It’s vital to take depositions seriously. They provide evidence of what actually occurred and allow the lawyers involved to establish a foundation for settlement discussions based on fault. Know that depositions are recorded on video or paper and can be used in court.
Also, depositions take place long before cases go to court, so your memory and that of others involved are still fresh. Before you enter a car accident deposition, make sure your lawyer helps you prepare, be polite, and stick to the facts.