A deposition can be one of the most pivotal types of evidence in a Michigan car accident lawsuit. Your lawyer may seek them from witnesses who can speak to what happened in your case. More commonly, insurance defense lawyers may also ask for a deposition from you, in an attempt to weaken your case.
The stakes are high in a car accident deposition, but if you know how they work and follow your legal team’s preparation advice, you’ll feel more confident answering questions.
What Is a Deposition?
A deposition is a legal procedure used to collect sworn testimony outside of court. It generally occurs during a lawsuit’s discovery phase, when both sides gather and share evidence and facts before trial. Depositions are more formal than other types of evidence and must follow the procedures in Rule 2.306 of the Michigan Court Rules.
There are a few situations where either party may ask for a deposition:
- The insurer disputes the extent of your injuries or their impact on your day-to-day life.
- The insurer disputes the cause of your injuries or their client’s responsibility.
- You’re pursuing a claim against a third party.
The Deposition Process in Michigan
Instead of a courtroom, depositions often happen in a law firm’s conference room. You, your lawyer, the questioning attorney, and a court reporter will be present. Some depositions are shorter, while others take longer to complete. The Michigan Court Rules limits their allowable time to one day of seven hours per witness.
To begin, the court reporter will swear you in as if you were on the witness stand at trial. This means you are legally required to tell the questioning attorney the truth. As you answer questions during the session, the reporter will transcribe every word you say.
During the deposition, you may be asked questions like these:
- What is your name, education, and/or work history?
- What previous injuries are you healing from?
- How did the accident happen?
- How has the accident affected your ability to work at your previous job/at all?
As the deposition proceeds, your attorney may object to questions that they believe violate procedural rules. Some of these objections include:
- The question is irrelevant to the case.
- The question was already asked and answered.
- The question is harassing in nature.
- The question misstates another person’s previous testimony.
- The question asks you to speculate or draw a legal conclusion.
- Answering the question would divulge information protected by attorney-client privilege.
You must still provide an answer even if your lawyer objects, unless it would reveal privileged information. If you’re unsure how to answer after an objection, you can ask for a brief break to speak with your attorney.
Preparing for a Deposition
Here are a few tips to best prepare for an upcoming deposition:
- Meet with your lawyer – No one knows your case better than you and your lawyer. They will try to predict the questions you’ll be asked during the deposition.
- Be consistent and truthful – Remember that you are under oath during a deposition. Answer your questions honestly and be consistent with the answers you’ve given previously. Inconsistencies can harm your case.
- Listen carefully and answer directly – Answer only the questions that the deposing attorney asks you, and avoid volunteering unnecessary details or going on tangents. If you don’t understand a question, you can ask for clarification or request a break to consult your lawyer.
- Don’t speculate – If you’re asked a question and don’t know or can’t remember the answer, you can always say, “I don’t know.” Guesses and speculation can hurt your odds of a favorable verdict.
- Stay composed and calm – Depositions can feel intimidating with their formal structure. Take your time, breathe, and ask for breaks if you need them.
Contact a Detroit Car Accident Attorney Today
The Detroit car accident attorneys of Atnip & Associates, PLLC, can help you prepare for an upcoming deposition in your personal injury case. Our team has over 85 years of combined legal experience and has previously won several million and multi-million dollar settlements and awards for our clients. Many of our attorneys are former insurance defense lawyers, putting them in a better position to anticipate the other side’s tactics. Contact us today for a no-cost case review.
