Are You Being Deposed? Know What To Do

Law Blog

Although your personal injury attorney will always be there for you every step of the way, it may help to know how to handle your personal injury deposition. A deposition is an important part of the pretrial process and you will want to make it a successful exercise. Often, a settlement offer from the other side will be forthcoming once the deposition is over, so read on to learn about how to behave when it's your turn to be deposed. 

You will be questioned under oath, and your responses will be recorded and could be used in court, so taking care with your answers to questions is vital. Follow the below tips.

1. Take your time. Allow the attorney to finish asking the question and be sure you fully understand it before you try to answer. Don't assume that you know what the complete question is; speaking before you understand what is being asked could have you down on the record as giving an inaccurate, or even harmful, answer. Additionally, pausing before you answer gives your attorney time to object to the question or ask that it be rephrased. While it's true that a deposition is not presided over by a judge, the objection will go on the record.

2. Speak up: Remember, the court reporter is recording your verbal responses. Be sure to speak in a moderately loud voice and to take your time when answering. It's only natural to use non-verbal gestures, but the reporter has no way to note head nods and finger pointing. Instead of pointing to an injured body part, say the name of the exact body part aloud, such as "my right leg"

3. Keep your answers succinct: The first rule of being deposed, and for giving any type of information of a legal nature, might be to only answer what is asked. Keep your answers short and to the point; if more detail is needed you will be asked. If you can give a "yes" or "no" answer, do so. Avoid rambling on and giving back stories; your attorney will help to clear up information if there is a need.

4. Don't worry about admitting that you don't know: You may be asked to speculate or guess about something, but doing that could do irreparable harm to your case. It is never a bad idea to say that you don't know a fact or to ask for clarification before you give an answer.

5. Stay cool, calm and polite: The attorney for the other side may attempt to upset you and rattle you, but you should make every effort to maintain your composure and remain polite. The other side is judging you on your ability to convince a judge or jury about the merits of your personal injury case, so your demeanor could end up rewarding you with a settlement offer.

Speak to your negligence attorney to learn more.


26 February 2018

injured at work? what do you do now?

Were you injured at work and fighting to get the workers compensation that you have paid into each year? Sometimes, getting those payments can be very difficult. What do you do when an employer fights the claim? Do you need a lawyer to help you through the process? How will you pay for a lawyer if you cannot even pay your electric bill? You are probably as lost as I was when I went through the process. Fortunately, you can learn from my experience with the system and find the answers to many of the questions that you have about filing a workers comp claim and fighting the system when it is denied.