Most holiday injuries can be chalked up to a moment of carelessness. However, if the incident that injured you was caused by someone else’s negligence, then you may be able to pursue compensation.

Being prepared for a deposition can help victims get the best outcome for their car accident case. An experienced personal injury attorney will tell their clients what to expect before, during, and after a car accident deposition. Following the deposition, a lawsuit will either go to court or settle before trial. Depositions are used as part of the discovery process in a case. They can be used to lock in testimony, meaning that the other attorney will use a client’s deposition to uncover discrepancies between what they say in the courtroom and what they said while being deposed. Depositions are also commonly used to enter testimony of witnesses who can’t be present for some reason.

Deposition will take place out of court. Sworn testimony will be given under oath in the presence of a court reporter and attorneys. In car accident lawsuits, depositions will typically cover three subjects including your background, how the collision occurred, and the severity of your injuries. A car accident deposition is a formal question-and-answer session that gives lawyers from both sides of the case a chance to:

• Hear everyone’s account of events
• Evaluate the weight of the testimony
• Decide if this witness may sway a judge or jury

Eight Tips for a Smooth Car Accident Deposition

Being in the hot seat and giving sworn testimony can be uncomfortable. If clients keep these eight tips in mind, the deposition is likely to go much more smoothly. 

1. Be prepared and go over the facts of the case beforehand.
2. Always be truthful.
3. Be mindful of the transcript and provide clear answers.
4. Answer only the question presented and avoid volunteering information.
5. Answer only as to what you know and don’t speculate.
6. Stay calm and avoid showing anger or apologizing.
7. Ask to see exhibits when asked about them.
8. Don’t be bullied or allow the examiner to rush you or interrupt.

What Types of Questions Will Be Asked During a Car Accident Deposition?

Before a car accident deposition, a client and their lawyer will go over the things that might be asked to make sure responses to questions are honest, but in a manner that is in the best interest of a client’s auto accident claim. The following are examples of questions that might be asked during a deposition:

• What is your educational background?
• What is your marital status?
• Do you have children? How many?
• Do you have any health issues?
• Did you have any injuries that existed before this accident?
• What doctors have you seen during the last 10 years, and what types of treatment have you received?
• What jobs have you held in the last 10 year?
• Does your current job have physical requirements?
• Have you ever been convicted of a crime?
• Have you ever filed a lawsuit?
• What, when, and where did the automobile accident occur?
• How fast were you going?
• Exactly what did you do after the accident?
• What were the weather conditions?
• What injuries did you suffer from the accident?
• When did you initially noticed that you were injured?
• Did you visit a physician after the accident?
• What medical treatment are you currently receiving and/or will you need?
• How has this injury affected your life?
• What financial losses have you suffered?
• Why do you think the defendant is at fault?
• Do you have any photos that show the accident scene? A client may be asked to draw a diagram of the accident scene showing how the accident happened.

How Long Are Car Accident Depositions?

The time limits for depositions in Texas are set by Texas Rule of Civil Procedure, which states that “no side may examine or cross-examine an individual witness for more than six hours.” It also states that breaks during depositions do not count against this limitation. This rule results in most depositions falling somewhere within the 9 a.m. to 4 p.m. range, which is seven hours with a break for lunch. Depositions may be scheduled for multiple days or extend into additional days if needed.

What Happens After a Car Accident Deposition?

After the deposition is finished, the court reporter will process a transcription and provide copies and evidence entered into the record during the deposition for both parties. Each side has access to the same information and will often interpret the information differently to strengthen their claims or defenses. In this way, depositions are crucial in working up a case in preparation for either settlement or trial.

Having a highly qualified and experienced personal injury attorney at the deposition is helpful because they can state objections to the opposing counsel’s questions. A car accident deposition is merely one necessary step in the journey of obtaining the compensation you need to cover the costs of your injuries.

According to the National Highway Traffic Safety Administration (NHTSA), the most common type of car accident is a rear-end collision. And one of the most common types of injuries resulting from a rear-end collision is whiplash. Whiplash Associated Disorders (WAD) are caused by the neck bending forcibly forward and backward severely. It’s an injury that involves the muscles, discs, nerves, and tendons in the neck. WADs often go undiagnosed. These injuries typically resolve themselves quickly but can turn into something more serious. If someone is suffering significant neck pain following a car accident, they should visit a medical professional.

What are the Symptoms of Whiplash?

Most people who have whiplash feel better within a few weeks and don’t seem to have any lasting effects from the injury. However, some people continue to have pain for several months or years after the injury occurred. These are the most common symptoms associated with whiplash:

• Neck pain
• Neck stiffness
• Shoulder pain
• Low back pain
• Dizziness
• Pain in your arm or hand
• Numbness in your arm or hand
• Ringing in your ears
• Blurred vision
• Concentration or memory problems
• Irritability
• Sleeplessness
• Tiredness

How is Whiplash Diagnosed?

Whiplash injuries include damage to soft tissue that can’t be seen on X-rays. Tests for whiplash may include the following:

• X-Ray. Electromagnetic energy beams produce images of internal tissues, bones, and organs onto film.
• Magnetic Resonance Imaging (MRI). Large magnets and a computer make detailed images of organs and soft tissue structures in your body.
• Computed Tomography (CT) Scan. X-rays and computer technology make horizontal, or axial, images of your body. A CT scan shows detailed images of any part of your body, including your bones, muscles, fat, and organs.

What are the Consequences of a Whiplash Injury?

It’s a common misconception that whiplash is a minor injury. The truth is whiplash can cause chronic pain and serious consequences. A driver doesn’t need to be speeding to sustain a whiplash injury. Many whiplash injuries occur in accidents at speeds as slow as 10 mph. Up to one-third of people who sustain a whiplash injury are left moderately to severely disabled. WADs can cause neurological and physical symptoms that may be chronic. Researchers have found that the symptoms of a whiplash injury can last for more than a decade for some victims. Consequences of this type of injury include:

• Central hypersensitivity
• Difficulty with memory and concentration
• Tinnitus
• Mood changes
• Headaches 

What Damages Can I Recover After a Whiplash Injury?

If a claim is successful, a whiplash injury victim may be entitled to many forms of compensation for the damages they have sustained. These damages are designed to make them as whole as possible after their accident and may cover economic and non-economic damages. Depending on the details of the case, a client may be entitled to compensation for:

• Medical expenses, both current and future, related to the accident
• Lost wages
• Disability or reduced earning capacity
• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of quality of life 

How is Whiplash Treated?

Some treatments for whiplash are most helpful right after an injury, while others are best if used to treat the long-term effects and chronic problems from a whiplash injury. The most common treatments for whiplash include:

• Immobilization
• Medications
• Cold application for the first week followed by heat application
• Exercise/physical therapy
• Transcutaneous electrical nerve stimulation (TENS) therapy
• Radiofrequency nerve ablation
• Spine surgery

How Can I Prevent or Reduce My Risk for Whiplash?

There are several actions people can take to reduce the risk of developing whiplash. Whiplash happens unpredictably, so there’s no way to prevent it entirely. The best ways to reduce risk include:

• Adjust Vehicle Seat

Putting a car seat into the right position and using the headrests can reduce the risk of developing whiplash from vehicle-related situations. There are also orthopedic seat cushions that can help adjust height or posture.

• Properly Fasten Seatbelt

If a seatbelt isn’t worn correctly across the shoulder or it isn’t snug against the body, it might not be able to stop a person’s forward motion before the momentum causes a whiplash injury.

• Drive Safely

Being cautious with driving can help avoid situations where the driver travelling behind can’t stop in time. An example of this is not driving too close to the car ahead. They could slam on the brakes, which might not leave the person behind enough time to stop.

• Position Head Against Headrest

If you see or hear something that indicates your vehicle is about to be rear-ended and there’s time, place your head against the headrest and face straight ahead. Having your head against a properly placed headrest keeps your head, neck, and body from moving at different speeds.

• Play Contact Sports Safely

Avoiding dangerous contact during sports can help avoid a whiplash injury to another player.

• Avoid Roller Coasters and Amusement Park Rides

A primary care provider can advise a person on whether they can or should ride roller coasters or participate in other high-movement activities that could lead to injury.

If you or someone you love has suffered a whiplash injury due to the negligence someone else, you may benefit from the assistance of a Board Certified Personal Injury attorney. Give our office a call at 817-440-3888 or fill out our contact form to learn more about how we can help you.