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If you have filed a lawsuit after a car accident in Georgia, there is a good chance that you will eventually be asked to give a deposition. For many people, the deposition is one of the parts of a personal injury lawsuit that causes the most anxiety.
That is understandable. Most people have never been questioned under oath by an attorney before.
The good news is that a deposition is usually much less intimidating when you understand how the process works and what to expect. A deposition is not a trial, and there is no jury sitting in the room deciding your case. Instead, it is part of the discovery process, during which both sides gather information and evidence before trial.
Here is a closer look at what happens during a deposition in a Georgia car accident case.
A deposition is sworn testimony given outside of the courtroom. In a typical car accident case, the injured person will sit down with the attorneys involved in the lawsuit and answer questions about the collision, injuries, medical treatment, and damages.
A court reporter is usually present to administer the oath and create a transcript of the questions and answers. Because the testimony is given under oath, it should be treated just as seriously as testimony given in a courtroom.
Georgia’s Civil Practice Act provides for depositions upon oral examination under O.C.G.A. § 9-11-30.
Depositions serve several purposes. They allow attorneys to learn more about the facts of the case, evaluate witnesses, clarify disputed issues, and preserve testimony that may later become important at trial.
The exact setting can vary, but a deposition will typically involve:
Some depositions take place in a law office, while others may be conducted remotely by video conference.
Unlike a trial, there is generally no judge or jury present. The attorneys ask questions, objections may be made when appropriate, and the witness provides answers under oath.
Every case is different, but there are several subjects that frequently come up.
The attorney may begin with basic questions about your background, such as where you live, your education, employment history, and other general information.
These questions can seem unrelated to the accident, but they are a normal part of establishing a witness’s background.
You should expect detailed questions about the collision itself.
For example:
Even when an accident happened months or years earlier, the attorney may ask very specific questions about what you remember.
It is important not to guess. If you do not remember something, it is generally better to say that you do not remember than to speculate.
In a personal injury case, the deposition will usually include detailed questions about your injuries.
You may be asked when you first noticed pain, what parts of your body were injured, where you received treatment, what doctors you saw, and what treatment was recommended.
The attorney may also ask about diagnostic testing such as X-rays, MRIs, or CT scans, as well as physical therapy, injections, surgery, or other treatment.
The defense attorney is trying to understand not only what injuries you claim resulted from the accident but also how those injuries developed over time.
One area that sometimes surprises injured people is the amount of attention given to their medical history.
The defense attorney may ask about prior injuries, previous car accidents, surgeries, chronic conditions, or treatment involving the same areas of the body that were injured in the collision.
A previous injury does not necessarily prevent someone from pursuing a personal injury claim. However, prior medical history can become an important issue when determining which injuries or symptoms were caused or aggravated by the accident.
This is another reason honesty is critical during a deposition.
Trying to hide a prior accident or medical condition can create a much larger problem than the prior condition itself.
A car accident claim is not necessarily limited to medical bills.
Under Georgia law, damages in a personal injury case may include compensation for the physical and emotional impact of an injury. O.C.G.A. § 51-12-4 addresses damages for injuries to a person when the amount cannot be calculated solely by an exact monetary standard.
For that reason, an attorney may ask questions about how the injuries have affected your everyday life.
That could include your ability to:
These questions can be particularly important because medical records do not always tell the entire story.
A medical record may show that someone suffered a back injury, for example, but it may not explain that the person can no longer comfortably pick up a child, mow the lawn, exercise, or sit through a long workday.
Potentially, yes.
Social media can become an issue in personal injury litigation. Photos, videos, posts, comments, and other online activity may be examined if they are relevant to issues being litigated.
For example, if someone testifies that an injury has prevented certain physical activities, but public social media content appears inconsistent with that testimony, the defense may attempt to use that information.
This does not mean an injured person has to stop living his or her life. It does mean that people involved in litigation should understand that online activity may receive scrutiny.
There is no single answer.
Some depositions may be relatively short, while others can last several hours depending on the complexity of the case, the number of injuries involved, the amount of medical treatment, and the attorneys conducting the questioning.
Georgia law also places certain limitations on depositions. Under O.C.G.A. § 9-11-30(d), the court has authority to address the manner in which a deposition is conducted and circumstances involving unreasonable annoyance, embarrassment, or oppression.
Your attorney can explain how the particular rules apply to your case and what to expect before the deposition begins.
Preparation does not mean memorizing answers.
In fact, trying to memorize a particular version of events can make testimony sound unnatural and create unnecessary problems.
Instead, preparation generally involves understanding the process, reviewing important facts, and becoming comfortable answering questions truthfully and directly.
A few basic principles are especially important:
Listen to the entire question. Do not begin answering before the attorney has finished.
Make sure you understand the question. If you do not understand it, ask the attorney to clarify.
Answer only the question asked. There is generally no need to volunteer unrelated information.
Do not guess. If you do not know or cannot remember, say so.
Take your time. A deposition is not a speed contest. Think about the question before answering.
Tell the truth. This is the most important rule. Deposition testimony is under oath and may be used later in the lawsuit.
Your attorney will normally be present throughout your deposition.
The attorney’s role includes preparing you beforehand, listening carefully to the questions, making appropriate objections, and protecting your rights during the process.
Your lawyer may object to certain questions. However, an objection does not always mean that you should refuse to answer. The rules governing depositions determine when an answer is required and when an attorney may instruct a witness not to answer.
That is one reason it is important to listen carefully to your lawyer during the deposition.
Yes.
Under certain circumstances, deposition testimony can be used during later stages of the lawsuit, including trial. O.C.G.A. § 9-11-32 governs the use of depositions in court proceedings.
A deposition transcript can also be used to challenge a witness if his or her trial testimony differs significantly from what was said during the deposition.
For example, if someone gives one description of an accident during a deposition and a substantially different description at trial, the opposing attorney may point out the inconsistency.
Consistency matters, but that does not mean you should memorize testimony. The best approach is simply to testify accurately based on what you honestly remember.
A deposition can be a significant milestone in a Georgia car accident lawsuit.
It gives the defense an opportunity to evaluate the injured person as a witness, but it also gives the injured person’s attorney an opportunity to learn more about the defense and continue developing the case.
In some cases, depositions can also influence settlement discussions. Once attorneys and insurance representatives have had an opportunity to hear testimony and evaluate how witnesses may appear before a jury, they may have a better understanding of the strengths and weaknesses of the case.
At Kevin Patrick Law, we believe preparation is an important part of representing someone in a personal injury lawsuit.
Before a deposition, we work with our clients so they understand the process, the types of questions they may hear, and what to expect when they sit down to testify.
The goal is not to give a client a script. It is to make sure the client feels prepared to listen carefully, answer truthfully, and clearly explain what happened and how the injuries have affected his or her life.
If you have been injured in a Georgia car accident and have questions about depositions or the personal injury lawsuit process, speaking with an experienced Georgia personal injury attorney can help you better understand what comes next.
This article is for general informational purposes only and is not intended to provide legal advice.
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