On an average, more than 1558 citizens in the White Plains, NY, face fatal road accidents every year. Most accusers get arrested for driving under intoxication. About 75% of the victims are granted compensation, only if the complainant proves his injuries are due to the car accident. This entire process of determining the claims forms a vital part of the deposition. And only a car accident attorney in White Plains, NY, can help solve your car accident case.
What is Deposition in a Car Accident?
A deposition is a testimony of a witness. The witness is under oath before the testimony is recorded. A deposition refers to a formal question and answer session where the lawyers of both the parties ask questions to the witness. A video recording of the witness’s answers also forms a crucial part of the deposition. All the statements in the deposition are presented to the witness by the court reporter. It checks if there is anything missed out.
Let’s learn some more facts about a deposition in a car accident.
Stages in a Car Accident Lawsuit
According to the New York Department of Health, mostly pedestrians are the victims of car accidents, followed by wrong lane followers and speeding motorists. But before you decide to bring a lawsuit, you must know the stages involved in a car accident lawsuit.
Discovery: It is a pre-trial phase in a lawsuit, where each party studies and investigates the facts of a case.
Mediation: This is a phase where both the parties (victim and accuser) decide to make an out-of-court settlement, but if the mediation fails, they move to trial.
Trial: It is a crucial decision for all the parties involved, including the witnesses and lawyers. Here, the legal jury examines the pieces of evidence of both the parties and allows the plaintiff to argue his/her side of the case. The jury also hears the defendant, and his/her testimony is recorded.
Appeal: It is a request to have a higher court change. An appeal is made to reverse the judgment of a lower court.
Evaluation of Evidence and Deposition
A car accident is a sudden experience. You never know who will witness your accident and who will stand for you in the trials. The witness is asked some critical questions like how and where the accident took place? What was the time? Why were you at the accident spot? What did you witness? Etc.
These are some of the daunting questions that make the witnesses turn hostile. Therefore, it is very important to go prepared for a court trial to answer the questions without any hesitance. Once the arguments of both sides are recorded, jury members will evaluate them.
Medical Examination Request
A medical examination is mandatory in every accident when filing a lawsuit. A car accident is no different. The insurance advisors often choose the doctor to examine the complainant’s injuries. Insurance companies may suffer the loss if asked to pay. They try to be partial on the reports of your injuries.
For avoiding such situations, it is best to hire a car accident attorney in White Plains, NY, to fight your case. The lawyers are aware of the insurance advisors’ tricks. Hence, you will be saved if the advisors use your medical reports to negotiate on settlement terms.
The Final Settlement
A lot of investigation takes place to collect evidence and proofs that can corroborate your testimony. It involves an equal amount of time, as well. So, most of the professional attorneys suggest their clients accept a fair settlement offer.
As a victim, you must analyze how much losses and damage you have incurred in the event of a car accident. If the insurance company is giving a fair settlement offer, then you must accept it and withdraw the lawsuit. But if the settlement amount is unfair, you must ask your lawyer to proceed with the trial.