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Maryland Car Accidents: What is a Deposition?


A “deposition” is a legal evidence-gathering tool that is allowed if a personal injury or car accident lawsuit has been filed in the Maryland State courts. In other words, a deposition is provided by a party or witness in a legal case. A deposition is done in person and orally through a question-and-answer format somewhat similar to trial witness examinations depicted on television or in movies. A deposition, however, does not take place in a courtroom. Rather, a deposition is taken in an informal setting like a conference room. The testimony is taken down by a stenographer, and a written transcript of the testimony is prepared for use by the lawyers, the judge, and others.

With respect to Maryland auto accident cases, depositions are somewhat rare. If a motorist or passenger has been injured in a Maryland auto accident, the injured victim is legally entitled to seek compensation from the wrongdoer (or wrongdoers). The process of seeking compensation usually begins with claims being made against the insurance policies of the at-fault parties. Most Maryland auto accident cases settle through the insurance claims process.

But, in some circumstances, it is necessary to file a car accident legal case in the Maryland Circuit Courts. If a lawsuit is filed, it is possible that a victim, an at-fault party, or an independent witness might be asked to sit for a deposition. As noted, depositions are legal tools for gathering evidence in an informal, question-and-answer format.

Having to sit for a deposition can be stress-inducing. This is one reason it is important to have an experienced Maryland car accident lawyer represent you if your accident occurred here in St. Mary’s County, Maryland. If you need a Maryland auto accident lawyer, call us at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We are highly rated and skilled with offices in Waldorf, Maryland. Here is some additional information about depositions.

What is a deposition as opposed to a sworn statement?

As noted, depositions are generally only allowed if a lawsuit has been filed. This means that depositions are not generally conducted if the auto accident is being handled through insurance claims. However, insurance companies DO conduct investigations and, occasionally, the insurance company wants to have a victim make a sworn statement via an oral, question-and-answer format. Generally, victims should not agree to this unless they are legally represented by a knowledgeable Maryland personal injury attorney.

Who might have to sit for a deposition?

Parties involved in the litigation generally have to sit for depositions. Thus, the victim(s) and the at-fault parties give depositions. Others who might be asked to sit for depositions include:

  • Treating doctors and healthcare providers
  • Friends and family (if they have information about the injuries suffered)
  • Eyewitnesses who have some information about the accident
  • Employers (if they have information about claims related to lost wages)
  • And more

Note that depositions are expensive to conduct and transcribe. Thus, typically, only witnesses with substantial information undergo the deposition process.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.

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