Tips for giving a successful deposition.
If you have been injured due to another party’s negligence, the first step is for your attorney and their attorney and/or insurance representative to attempt to negotiate a fair settlement. However, if negotiations fail to produce the amount of compensation you need and deserve, your case will most likely proceed to trial. When this happens, you will encounter all kinds of formal legal proceedings, including the personal injury deposition.
Giving a personal injury deposition is very similar to giving testimony in court. The difference is that a deposition is taken before trial. During the deposition, the defendant’s attorney will ask you questions about your injuries and your answers will be recorded by an official court reporter. The purpose of this activity is to create a record of your knowledge that the opposing counsel can then use to prepare arguments against your testimony at trial.
Giving a personal injury deposition can be an uncomfortable experience, as the defense attorney will probably ask very personal questions about your injuries and perhaps try to trick you into making an error or admission that they can use against you at trial. However, you can get through your personal injury deposition successfully if you keep calm and follow all the advice your personal injury attorney has provided to you beforehand.
Some general tips that apply to all personal injury depositions include:
Be honest. Personal injury depositions are given under oath, just like courtroom testimony. If you are caught in a lie, you could be charged with perjury. It is very important to be honest in all your statements even if this means you have to admit a fact that reflects badly on you.
Don’t volunteer information. You do not need to defend yourself or present your whole case during the deposition. Instead, stick to answering the questions exactly as asked by the defense attorney. If they fail to ask about a key piece of information, this is their loss as it could provide your attorney with a big advantage at trial.
Don’t guess. If you do not know the answer to a question, say so. No one’s memory is perfect and it is understandable that you may have forgotten some details. If you have to estimate something like the timing of an accident or the speed of a vehicle, be sure to clearly state that you are estimating.
Keep it formal. It is very important to stay calm and collected during the deposition. You do not want to get angry, but you do not want to feel too at ease either—don’t let the defense lull you into thinking they are your friend so that you drop your guard and answer carelessly. You should also refrain from making jokes or sarcastic statements as these will not translate into the written record well.
Need Help with a Personal Injury Case?
Even if you are still at the very early stages of pursuing compensation for an injury, it is essential to have an experienced attorney on your side to guide you through the various steps of the process. To learn more about how Michael A. Kahn can help with your situation, please call (310) 209-1600 for a free initial consultation.
