Personal injury depositions are a crucial part of a personal injuries case. The deposition is a formal meeting where the plaintiff (the injured party) will be required to give sworn testimony regarding the event that caused the injury, the medical condition and the impact of the injury on their life. It can be a big difference to the outcome of a case if you know what to expect from a deposition and how to prepare. This article will walk you through the process of a deposition, explain its purpose and give you practical tips that can help you succeed.
What is a deposition?
Depositions are legal proceedings in which a party or witness to a lawsuit provides sworn testimony prior to a trial. The deposition is usually held in the office of a lawyer, rather than a courtroom. Both sides are represented by attorneys, as well as a court reporter and, sometimes, a videographer. Deposition testimony is recorded, transcribed and can be used as evidence in court.
In a personal injury lawsuit, the primary purpose of taking a deposition is to collect information. Depositions are used by the defense attorney to gather information about the events you have described, evaluate the credibility of the testimony and uncover any inconsistencies. This information can help the defense to build their case, and also influence settlement negotiation.
What to expect during a deposition
Understanding the flow and structure of a deposition will help you reduce your anxiety and focus on giving accurate and clear testimony.
- Swearing In: The deposition starts with your being sworn into by the court reporter who will record all that you say. You will be sworn in, which means you must tell the truth.
- The defense lawyer will ask you questions. These questions cover a variety of topics including details about the incident, medical history, injuries, treatment received and the impact on your life.
- Your Attorney’s role: Your attorney is present to protect you and can object to questions that are inappropriate or outside the scope of a deposition. You will be expected to answer the majority of questions, unless your attorney instructs you otherwise.
- Cross-Examination – After the defense attorney has finished questioning you, your lawyer may ask additional questions to clarify your answers or elaborate on them.
- The deposition is concluded once all the questions have been answered. You and your lawyer should check the transcript that is provided by the court reporter.
How to prepare for a deposition
To navigate a deposition successfully, preparation is essential. You can prepare by following these steps:
- Review your case: Review the incident details, medical records and any statements that you may have made. Make sure you are familiar with the events that took place and your injuries.
- Understanding the Questions You May Face: Although you cannot anticipate every question, there are certain topics you can expect to be asked, such as the circumstances surrounding the accident, medical history and the impact the injury has had on your life. You can discuss these questions with your lawyer so that you are more comfortable answering them.
- Practice with your attorney: Your lawyer will most likely conduct a mock-deposition to assist you in practicing answering questions. This can help you become familiar with the format of the deposition and reduce your nervousness.
- Keep calm and focused. Depositions may be stressful but you must remain focused. Answer each question slowly. Ask for clarification if you don’t understand the question. Do not let the lawyer intimidate or rush you to answer.
- Honesty and consistency: Tell the truth even if you have to admit that you can’t recall something. Avoid speculating and providing information you don’t know. Consistency is important because inconsistencies may be used against your testimony.
- Dress appropriately: The deposition should be treated as a formal event. Dress conservatively and professionally. Your appearance can affect how you are perceived.
How to Answer Deposition Questions
There are several ways to provide a clear and effective deposition:
- Listen carefully: Before answering, pay close attention to the question. If you don’t understand the question, ask to have it repeated or clarified.
- Answer the Question Briefly and Directly: Do not provide more information than is necessary. Answer the question concisely and directly. Do not elaborate unless you are asked to.
- Avoid guessing: It is better to be honest and say “I’m not sure” than to try to guess the answer.
- Avoid Emotional Reactions. It’s normal to be emotional when talking about a traumatic experience, but try to stay composed. Your emotional responses can be used against you.
- Keep Professionalism: Stay polite and respectful even if you feel the questions are unfair or aggressive. Keep a calm and composed demeanor during the deposition.
The deposition of a personal injury victim is a crucial step in any legal case. Understanding the process and effectively preparing yourself will help you give accurate and confident testimony to support your case. Be sure to go over your case with your lawyer, and be truthful and consistent when you answer. You can successfully navigate the deposition with the right preparation and improve your position on your personal injury case.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or personal injury lawyer tampa fl contact us today for a case evaluation today!
