What to Expect at Your Utah Car Accident Deposition

CALL/TXT UTAH CAR ACCIDENT LAWYER JAKE GUNTER (801) 373-6345. FREE CONSULT. LET HIS 20 YEARS EXPERIENCE WORK FOR YOU.

Purpose of a Utah Car Accident Deposition CALL/TXT UTAH CAR ACCIDENT LAWYER JAKE GUNTER (801) 373-6345. FREE CONSULT. LET HIS 20 YEARS EXPERIENCE WORK FOR YOU. What is a deposition in your Utah car accident case?

The primary goal of a Utah car accident deposition is for the insurance defense attorney to assess your presentation, evaluate your current injuries, and identify any pre-existing conditions. Sometimes, the insurance adjuster may attend to gain firsthand insight into your demeanor and how you might perform as a witness.

Defense Preparations

  • Past Medical Records: The defense will review at least 10 years of your medical history, issuing subpoenas (duces tecums) to collect relevant records. Their goal is to identify any prior injuries or medical providers linked to past conditions.
  • Current Medical Records: The defense team will thoroughly analyze your accident-related medical records for signs of pre-existing injuries.
  • Substance Abuse and Mental Health History: They will check for any past diagnoses or treatments.
  • Rule 26 Disclosures: In Utah, Rule 26 requires sharing a minimum of five years of medical history, though depositions may probe 10 to 15 years back.
  • Social Media Review: The defense will scrutinize your online activity for inconsistencies, such as vacation photos post-accident.
  • Past Insurance Claims: Insurance companies collaborate through databases, so the defense will know about any prior claims or disputes.
  • Prior Convictions: Utah Rule of Evidence 609 allows inquiries into past convictions, especially those involving fraud or false statements.

Common Topics Addressed

Pre-Accident Questions

  • Preliminary Guidelines: You’ll discuss ground rules like not interrupting and clarifying unclear questions. You are allowed to take breaks, except when a question is pending.
  • Personal Background: Be prepared to cover education, family, employment history, and any specialized knowledge.
  • Pre-existing Injuries: The attorney will ask about any prior injuries, examining your medical history from head to toe.
  • Hospitalizations: You will recount past hospital visits and their outcomes.
  • Insurance Claims and Car Accidents: Expect questions about any previous claims or involvement in accidents.

Accident-Specific Questions

  • Interviews with Insurance Adjusters: Your recorded statements may be reviewed.
  • Details of the Accident: If it was a rear-end collision, expect inquiries into vehicle speeds, damages, and the severity of the impact.
  • Property Damage and Scene Conversations: You’ll describe the damage and any discussions with other parties.

Injury-Related Questions

  • Injuries Sustained: You’ll recount each injury from head to toe and whether any symptoms have resolved.
  • Medical Treatment: Discuss the care you received, including providers, referrals, and adherence to treatment plans.
  • Current Condition and Future Care: You’ll describe how you feel now and any suggested future treatments.
  • Vacations Post-Accident: Expect questions about recent trips, especially activities that might contradict your injury claims.

Preparation Tips

  • Keep Answers Concise: Answer only what’s asked—brevity is key.
  • Be Honest: Lying or exaggerating can harm your case.
  • Review Your Records: Familiarize yourself with your medical history and case documents.

The Role of Attorneys

During the deposition, the defense attorney will ask questions, while the court reporter records the testimony. Your attorney will protect your rights, object to inappropriate questions, and ensure adherence to rules.

After the Deposition

Depositions often lead to settlements. The defense attorney will provide the insurance adjuster with a memo summarizing the deposition, potentially influencing settlement negotiations. This phase is crucial for achieving favorable outcomes.

Utah Deposition Rules

  • Duration: A deposition cannot exceed seven hours per day, with expert depositions capped at four hours. For cases under $50,000, total deposition time is three hours, while cases between $50,000 and $300,000 allow for up to 15 hours.
  • Privileges: Privileged communication—such as conversations with spouses, attorneys, or clergy—remains protected unless waived.
  • Non-appearance Consequences: Failure to appear may result in attorney fees under Utah Rule of Civil Procedure 37(d).
  • Judicial Intervention: In extreme cases, you may call the judge to intervene, though this is rare.

Contact Utah Car Accident Lawyer Jake Gunter

Need help with your deposition? Call or text Jake Gunter at (801) 373-6345 for a free consultation today.