The Role of Depositions in Mississippi Car Accident Cases

As you begin sorting out your next steps after a Mississippi car accident, you may quickly realize that you need to pursue a personal injury claim to fight for compensation. Accidents get very expensive very quickly, and in many cases, a lawsuit is the only way to get what you are actually owed. Discovery takes up a significant amount of time in this process, giving both sides the opportunity to analyze and gather evidence. If your claim involves depositions, learn more about what to expect during depositions and how they may affect your claim.

Looking for more personalized assistance with your car accident claim? It’s time to talk to the team at Gardner Law Group. Call us at 228-436-6555 to set up a meeting with our Biloxi personal injury team.

What is a Deposition?

A deposition is one type of tool used in the discovery process. It is a formal testimony provided by one party while under oath. Depositions generally occur outside the courtroom in a conference room or office, which can make the person being questioned a little more comfortable. Since depositions are done under oath, the information and statements provided during depositions can be used and referenced in the courtroom.

The setup is fairly straightforward. An attorney questions a witness, and the entire back-and-forth discussion is recorded. The attorney may ask questions to clarify information provided in written interrogatories or information obtained from police reports and written statements.

Who May Be Involved?

A number of parties may be involved in or present during depositions. The plaintiff and the defendant will be deposed, as their recounting of the accident will lay the foundation for the case. Eyewitnesses are also crucial to both parties’ cases, so plan on all eyewitnesses being deposed. Expert witnesses are not called on in every Mississippi car accident case, but in complex cases, they can provide valuable insight and information. Law enforcement officers who responded to the scene may also participate in depositions, as they may have observations and specialized knowledge that can help clarify conflicting information.

Information Obtained from Car Accident Depositions

Your attorney may gather a substantial amount of valuable information from depositions. To start, the questions they ask may seek to clarify the facts of the case. Once they know what everyone did, experienced, and saw during the crash, they can begin putting the pieces of the entire incident together. This includes details that may clarify liability.

However, your attorney also knows that not every deposition will be completely factual. Whether witnesses are mistaken about what they saw or intentionally lying, it is common for there to be conflicting information when you put everyone’s stories together. That in itself can be useful; by looking into each witness’s credibility and how their story has changed (or not) over time, your attorney can figure out who can be believed and whose story may need further questioning.

In addition to figuring out what happened during the crash itself, depositions may also provide context relating to what happened prior to the accident. Consider a collision allegedly caused by a reckless driver. The victim of the crash barely remembers anything—they were driving one moment and then shoved into a guardrail the next, with no knowledge of how the crash happened. However, during depositions, eyewitnesses may state that they were sharing the road with the alleged liable driver for several miles before the accident occurred. Both of them saw that the driver was swerving in and out of traffic, and one actually had a near-miss with them. This insight makes it easier to understand what happened.

Building Your Case

Depositions can give your attorney the basic information they need to begin building your case. In some situations, the information gained during deposition can be damning enough that a trial is no longer necessary. If it becomes obvious that the other party was negligent, their insurance company may suddenly be more willing to negotiate a fair settlement.

Explore Your Legal Options with Gardner Law Group

The sooner you begin working with a car accident lawyer after a collision, the sooner you can begin working toward fair and full compensation. Call Gardner Law Group at 228-436-6555 or contact us online to set up a consultation.