What Happens During THe Deposition For Your Personal Injury Case?

You might be nervous about what takes place during your deposition in a personal injury lawsuit but there are some things to consider that will put you at ease.

Depositions do not take place at the courthouse like your upcoming trial but one advantage is that you will still have your personal injury attorney at your side to give you crucial legal information and advise you.

A deposition is by definition official and should be taken seriously, where questions are asked to both sides and sworn statements are taken as the answers. These statements will be on the record, so it is important to prepare.

Most attorneys will tell you that the testimony at your deposition is very important and crucial to your case, almost as important as answers at a real trial.  Like a real trial, all answers are taken under oath, and this makes the witness subject to penalties and even jail time if the witness lies or misleads the proceedings in any way. In your case, it can destroy your personal injury lawsuit. Your response to questions, called testimony, can and will be brought up during the actual trial as evidence.

A 2006 study explained that 83 percent of personal injury lawsuits were thrown out when the plaintiff’s testimony during the deposition did not match what they said during the trial.

In fact, the specific function of a deposition is to be brought up again at a later time. For this reason, it is vital to prepare with your legal counsel for your deposition.

Who and Where?
The first thing you might want to know is where these depositions usually take place. They usually happen somewhere safe for both parties, where there will be no bias. This can be in an attorney’s office.

That takes care of the where. The who in the deposition includes:

• You, the client claiming injury
• The client’s personal injury attorney
• The defendant’ s defense attorney or team of attorneys
• A court reporter to document your answers to be used again in court
• Possibly another person in an official capacity

Example Questions asked during a Deposition
Your lawyer will go over the most common questions that a defense attorney could ask. Some of these common questions include:

• “How and when did the accident occur? – be honest, this is the most common question
• “Did you fall on your own or slip on anything?”
• “When did you start to feel the affects of your injury and where?” – again, be honest
• “What kind of treatment are you in for your injuries?”
• “Are you on doctor-prescribed medication for the so-called injuries?”

The defense attorney for the party you are suing will also look for minuscule details to catch you off guard and prove that you are lying. Your lawyer will make sure to prepare you for any questions that might throw you off thus to keep your personal injury lawsuit strong.

Don’t Say Too Much About Your Case
During your deposition it is best to be brief and concise. Telling too much about your case will only weaken the case later in court. You will be instructed and prepared by your attorney to ONLY give the bare minimum and wait to tell the detailed story at the courthouse, where it counts.

Also wait to respond to questions asked by the defense because your accident lawyer will object to you answering any unwarranted questions.

Other Tips During a Deposition
Make sure all responses are brief. Don’t give the defense any leads for other questions that might blow your case.

This is an official proceeding, so admit when you don’t know an answer. If you lie, it will come back to haunt you and may effect the outcome of your case.

Try not to get frustrated but remain calm and collected. If you are calm, it will show the defense that you feel you have a solid case against them.