After filing a personal injury case, the defense is going to aggressively come at you to try to find ways to attack your claim. One way they’ll do this is by sending you discovery.
Discovery is a broad process where the other side tries to gather as much information about you and your claim as possible.
This may come in the shape of a request for documents, written questions, or requests for specific admissions. One discovery tool that’s especially stressful to plaintiff’s, though, is the deposition.
What is a deposition?
In a deposition, you sit down with the defense’s attorney to answer questions under oath. Although the process may feel informal since the testimony is given outside of court, it’s actually a very formal process.
And, making the matter even more stressful, although your attorney can object to certain questions, you’ll be forced to answer most, if not all, of the questions asked of you.
This can leave you feeling like you’re unprotected during the process, but don’t worry. There are steps you can take to adequately prepare yourself for your deposition.
How to properly prepare for your deposition
You don’t want to walk into your deposition unprepared, as doing so could put your personal injury case at risk. Instead, remember the following tips, which, if properly executed, should help alleviate your stress:
- Anticipate the questions you’ll be asked: Remember that the defense is looking for weaknesses in your case. Therefore, they’ll likely ask you questions about the cause of your accident, the extent of your injuries, and any pre-existing conditions. They might also turn to any posts you’ve made on social media and any harmful statements that you’ve made to others. By identifying the questions that you think will be asked, you can better prepare to answer them.
- Only state the facts: You don’t want to speculate or guess when answering questions during your deposition. Your answers should be succinct and direct. If you don’t know the answer to a question or can’t remember the facts sought, simply state as much and move on.
- Don’t volunteer information: Your nervousness might leave you feeling like you need to explain every answer you give. But doing so could volunteer information that wasn’t asked for and that’s harmful to your case. So, listen carefully to the question that’s asked and answer it without providing additional and unnecessary details.
- Be honest: You don’t want to exaggerate the facts to try to make your case look stronger than it is. If you do, you might get caught in a lie that destroys your credibility and devastates your personal injury case. Tell the truth as best you can.
- Take your time: Don’t feel like you need to rush your answers to the questions posed. If you need a moment to think about the best way to formulate your answer or to try to accurately recall the events in question, simply ask if you can have a moment.
- Ask for clarification: To protect yourself and your claim as much as possible, you need to answer the question that’s asked. If you don’t understand the question or it wasn’t very clear, just ask if it can be rephrased. You don’t want to accidentally give a bad answer to a poorly crafted question.
Don’t get rattled by your deposition
Depositions are aimed at putting you under pressure in hopes that you’ll make a mistake that can later be used against you in court. But you can reduce the risk of that happening by thoroughly preparing yourself for your deposition.
If you have lingering questions or concerns about the process, then continue to read up on what depositions look like and what you can do to ready yourself for yours.