Question 1

What Comes Before a Deposition?

Accepted Answer

Many steps must occur before you ever get to the deposition phase. Even if you have an attorney handling your claim and you don’t have to handle the following tasks alone, it’s still helpful to understand what happens behind the scenes. Filing a Car Insurance Claim You may start by filing an insurance claim. Car insurance is important in the event of an accident, as most individuals do not have thousands of dollars to spare to pay victims for their injuries and property damage. If someone causes an accident, their insurance pays out on their behalf. Depending on state law, you can either file an insurance claim with your own car insurance for coverage (and they obtain reimbursement from the at-fault driver’s insurance), or you can file a claim directly with the other driver’s insurance, called a third-party claim. When you file a claim, you’ll provide the necessary information, and the insurance company will perform its own investigation. Based on their findings, they’ll decide whether to approve your claim and how much they believe it is worth. The problem is insurance companies are sneaky and tricky to deal with. Sometimes, what they believe your claim is worth is inaccurate, and they’ll try to get away with giving you less than you deserve. In other cases, they may deny your claim altogether, as they know they’re off the hook financially if your claim fails. When you file a car insurance claim, you never know how it will go. For this reason, it’s best to consult with a lawyer right after your accident. Having a skilled lawyer on your side can take dealing with the insurance company off your hands. Sending a Demand Letter When you have a lawyer, they’ll start by examining and investigating your accident to better understand your losses and the value of your damages. Then, they can take action and send the insurance company a demand letter. A demand letter is a letter to the insurance company providing details and information regarding your collision and resulting losses, including: The cost of your car accident injuries The total damages you deserve Evidence proving their insured’s liability At the end of the letter, your attorney will include a figure representing the total owed to you. They’ll ask the insurance company to remit payment as soon as possible to settle the case. Additionally, they’ll threaten to take further legal action, meaning filing a lawsuit, if the insurer will not favorably resolve the matter. Once the insurance company receives the letter, they have options. They can: Accept and cut you a check to settle your claim Begin negotiations for settlement Deny the request altogether Ignore the letter In plenty of cases, the insurance company doesn’t agree to pay what your lawyer demands so easily. Instead, they’ll either try to negotiate or deny the request. If the demand letter doesn’t yield the outcome your lawyer wants, they can proceed with filing a personal injury lawsuit. Filing a Lawsuit To file a lawsuit on your behalf, your lawyer will draft a petition and file it with the court, along with any filing fees. Your attorney must fulfill the service of process requirement and provide the opposing party with copies of the summons and complaint. After the insurance company receives these documents, they have a set number of days, typically between 20 and 30, to file its response to your lawsuit with the court. Upon filing the response, your case can officially commence. Engaging in Discovery The discovery phase is the most important part of a personal injury lawsuit and also the most time-consuming. During this phase of a lawsuit, both parties have the opportunity to request and obtain evidence and documentation to help build their cases. Several tools are at an attorney’s disposal to get the information they need, including: Interrogatories Requests for production Requests for admissions Among these tools, depositions are widely used and favored by lawyers.

Question 2

What Is a Deposition?

Accepted Answer

A deposition lets an attorney get a recorded statement from a party, referred to as the deponent, under oath. A lawyer may decide to depose a party to get vital information from them to help strengthen their case. Potential deponents can include a party to the case or any witness with knowledge about the case that can provide helpful details. When an attorney wants to depose a party, they send that party what is called a subpoena. A subpoena informs that person they’re being deposed and gives information regarding time and location. During a deposition, the party requesting the deposition can ask questions, and the opposing party’s attorney may also have the opportunity to ask questions. A court reporter is present to properly transcribe everything people say during the deposition. Typically, an attorney can schedule as many depositions as they feel necessary to get everything they need before concluding the discovery phase.

Question 3

What Happens After Depositions Conclude?

Accepted Answer

After a deposition, the attorney will usually request the court reporter’s transcript of the proceedings. Having a transcript allows the lawyer to read and reread what was said during the deposition to extract the information they need most. This is usually the case for every deposition. Once both attorneys have finished taking all of the depositions they want, they can either continue with discovery or conclude discovery altogether.

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