When you file a personal injury lawsuit, you must give a deposition. A personal injury deposition is your statement of what happened, given under oath. During the deposition, the attorneys in the case will ask you questions you must answer truthfully. A court reporter will record your answers.<\/p>\n
Depositions are critical in personal injury cases because the opposing attorney and insurance company can later use something you say against you. Depositions also give attorneys an idea of the type of witness you\u2019d be should the case go to trial. If you are a credible witness, the odds are greater that you\u2019ll receive a fair settlement offer without the case going to trial.<\/p>\n
Here are some tips on how to prepare for a personal injury deposition.<\/p>\n
As you prepare for the deposition process, understand these four things first.<\/p>\n
You\u2019ll want to handle the opposing counsel carefully during the deposition testimony. Their job is to discredit your testimony and accentuate its weak points. They may also try to ridicule your story or make you doubt what you know occurred. They may also try to confuse you. Be on guard. Answer the questions truthfully, but don\u2019t volunteer information you weren\u2019t asked for.<\/p>\n
Meet with your personal injury attorney to prepare for the deposition questions. Go over the event completely to refresh your memory. Also, discuss with your attorney the strengths of your case. You\u2019ll want the defense attorney to understand the strengths of your case to encourage a fair settlement for your injuries and their impact on your life.<\/p>\n
If possible, practice the question and answer session with your attorney to get an idea of the types of questions the defense attorney might ask. For example, the attorney will typically start with background questions that are a matter of public record.<\/p>\n
They may then delve into your history of personal injury lawsuits if you\u2019ve filed claims. If you have a criminal record, they will ask about that. Then they will ask about the accident and your actions before, during, and after the event. They will also ask about your injuries and treatment. If you\u2019ve chosen a non-traditional form of treatment, such as a chiropractor, they may question why you made that choice. The opposing lawyer will also ask how the injury affected your life.<\/p>\n
The other party may also ask irrelevant questions about your childhood, credit history, work experience, and relationships. These questions are personal. Most are inadmissible if the case goes to trial, but the attorney asks them to try to uncover something useful that may be admissible. Answer only what you are asked, truthfully and succinctly. If anything in your personal life is likely to be problematic, discuss it with your personal injury lawyer ahead of time.<\/p>\n
The more you prepare with your attorney and with family and friends, the better you\u2019ll be able to answer the questions.<\/p>\n
Once the deposition begins, listen carefully to the entire question. Then think before you speak. You want to avoid anticipating a question and providing information the other attorney wasn\u2019t making about. Also, by pausing, you\u2019ll allow your attorney to object if the question is flawed.<\/p>\n
You should ask for clarification if the defense attorney\u2019s questions are unclear. If you didn\u2019t hear the question, ask the opposing lawyer to repeat it.<\/p>\n
Once you answer the question, the attorney will assume you heard and understood it. You have the right to hear and fully understand the question before you answer it.<\/p>\n
A common tactic of defense attorneys is summarizing what you\u2019ve said but altering the details slightly. Be sure the other lawyer outlines your statement comprehensively.<\/p>\n
Testify only to those things you know from personal knowledge. Avoid giving your opinions or testifying to things others have told you. Also, avoid the temptation to justify your answers or to fill in any uncomfortable silences the other attorney might create.<\/p>\n
If you don\u2019t know the answer, say you don\u2019t know. Avoid guessing. You don\u2019t want to make a false statement inadvertently.<\/p>\n
Avoid being rattled by anything the other lawyer says or does. One goal of a successful deposition is to make a good impression on the defense attorney. Being calm can make all the difference. If you come across as a good witness, the attorney will believe you have a good chance of obtaining a good settlement should your case go to trial, and they will be more likely to offer a settlement upfront. If, on the other hand, you become rattled, you won\u2019t make a good impression, and the defense attorney and their client may decide to take their chances at trial. No matter what, stay pleasant and professional.<\/p>\n
Many defense attorneys will ask the same question in different ways. Be alert to this practice and stick with the same answer no matter how the attorney asks the question.<\/p>\n
During the deposition, the defense attorney may present you with documents and ask questions about them. Read the entire document, including the fine print, before answering. The attorney also may suggest that the document says certain things; however, you should always check the record to be sure it says what the attorney suggests.<\/p>\n
Also, review any photographs carefully before answering questions about them. Don\u2019t let the other party get away with interpreting the photo in a way you disagree with.<\/p>\n
Don\u2019t bring any documents to personal injury depositions, including notes. The defense attorney will ask to review any documents you bring and can question you about them in detail. Some notes are privileged, but if you bring the documents to the deposition, you waive your privilege.<\/p>\n
Although you\u2019ll have an opportunity to correct mistakes after the written record is complete, the best time to fix them is before then. Discuss it with your attorney at the break if you think you\u2019ve made a mistake. Your attorney can help you correct the error after the break and on the record.<\/p>\n
At some points during the deposition, your attorney may object. When your attorney objects, stop speaking immediately. At most depositions, you\u2019ll end up answering the question anyway; however, the court reporter will record the objection in the record, and a judge will rule on it at trial. In some cases, however, your attorney will instruct your not to answer.<\/p>\n
Giving testimony in a personal injury deposition is difficult. Throughout the process, relax and remain confident that the truth generally prevails.<\/p>\n
An experienced personal injury lawyer can help you prepare for your deposition and ensure your personal injury claim goes smoothly. When choosing your attorney, choose one with trial experience. Although most personal injury cases settle out of court, you\u2019ll want to be sure you are prepared in the event your case goes to trial. Most personal injury attorneys take cases on a contingency basis, which means they receive nothing if you don\u2019t receive a settlement. They then receive a portion of your settlement. Most attorneys also will offer a free consultation to help you determine how strong your case is.<\/p>\n
Engage a personal injury lawyer as soon as possible after your accident to protect your legal rights throughout the process. Actions you take immediately after the accident can affect the size of your settlement.<\/p>\n