Understanding a Utah Car Accident Deposition
If you’re involved in a Utah car accident and pursuing an injury claim, the insurance defense attorney may request a deposition—a crucial step in your case. A deposition is a formal, recorded statement taken under oath, which can impact the settlement value of your claim.
Why Does the Insurance Company Take a Deposition?
The primary purpose of a Utah car accident deposition is to:
- Assess your injuries and determine their impact.
- Establish fault and liability.
- Evaluate your credibility and potential trial performance.
Insurance companies use depositions to calculate settlement offers or build a defense against your claim.
What Happens During a Utah Car Accident Deposition?
A deposition follows the Utah Rules of Civil Procedure, specifically Rules 30 and 26, and takes place either in person or via video conferencing.
Key Deposition Rules:
- You must answer all questions under oath.
- False statements can lead to perjury penalties.
- You may object to questions involving evidentiary privileges.
- Your attorney can intervene if necessary, but you must still answer most questions.
Common Topics Covered in a Deposition
- Background Information
- Personal details: Name, address, past residences.
- Education & employment: Schooling, job history, military service.
- Family status: Marital status, dependents.
- Wage Loss & Employment Impact
- Current and past jobs: Salary, hours, job duties.
- Lost wages: How the accident affected your earnings.
- Future work capacity: Can you continue your job, or will you need new employment?
- Pre-Existing Medical Conditions
- Insurance attorneys will thoroughly examine any prior injuries or illnesses to determine if your current condition is related to the accident.
- Car Accident Details
- Every injury sustained will be reviewed.
- How long symptoms lasted and their impact on daily life.
- Your current condition: Are you still experiencing pain or disability?
- Post-Accident Injuries or Incidents
- Have you had other accidents or injuries since the car crash?
- Have you been hospitalized for any other medical conditions?
- Life Changes & Limitations
- What activities or hobbies can you no longer do?
- How has the accident affected your daily life?
What Happens After Your Utah Car Accident Deposition?
- Reviewing & Signing the Transcript
After your deposition, you’ll have the right to review and sign the transcript. This allows you to make minor corrections, but not major changes.
- Insurance Defense Attorney’s Report
The insurance company receives a written report summarizing your deposition. This helps adjusters determine:
- Your credibility as a witness.
- How strong your injury claims appear.
- Whether they should increase or reduce settlement offers.
- Settlement Negotiations & Mediation
- A strong deposition may lead to a higher settlement offer.
- If no settlement is reached, the case may go to mediation, where a neutral third party helps both sides negotiate.
- Trial Preparation
- If mediation fails, your case proceeds to trial, where a judge or jury will determine compensation.
Final Thoughts
A Utah car accident deposition is a pivotal moment in your injury case. A well-prepared deposition can significantly impact the outcome, whether through a settlement or trial.
Need Legal Help?
If you’ve been injured in a car accident, don’t navigate the deposition process alone. Call or text Utah car accident lawyer Jake Gunter at (801) 373-6345 for a FREE consultation today!