If you have sustained an injury, out of the many court processes you may be going through, you may have heard something known as a “deposition.” A personal injury deposition is an important way for each side (both defendant and plaintiff) to obtain all information necessary about the specific injury. This information is extremely vital due to the fact that it can help determine the outcome of the trial. You may be feeling nervous about a deposition, and this is natural – however, there are some things you can do to prepare yourself for the questions you may encounter.
Depositions typically do not take place at a courthouse; instead, they take place somewhere that is most comfortable for both sides. In many cases, they are done in an attorney’s office. Being nervous is okay, but a party needs to realize the importance of answering all questions correctly because the outcome will rely on that. In a 2006 study, it was found that 83% of personal injury lawsuits were thrown out due to the fact that the plaintiff’s testimony during deposition did not match what they said during the trial.
Important Tips For Deposition
- Be brief and concise with your answers. If you tell too much about your case, this could weaken it later in court. Your attorney, beforehand, will probably give you advice about giving the bare minimum details. This is because, in court, you will have to give more detailed versions of everything. If the defense asks you questions, you will also want to wait to respond to them because your attorney will make sure if they are unwarranted or not.
- If you do not know an answer, be honest about it. This is an official proceeding and everything counts. If you tell a lie, it could greatly affect the outcome of your case in a negative way.
- If a question is asked and you get frustrated, you should always remain calm and collected regardless. If you are calm, the defense will truly believe that you have a solid case against them.
How Do I Prepare For the Questions?
You should always review documents that are related to your case beforehand. Refreshing your mind with the details will help you remember important things and keep them fresh in your mind, even if it is time consuming. Even the most seemingly unimportant facts could play a role when it comes time for trial. Being truthful about all events that took place can mean huge things for you and your case. If you have written accounts of your testimony, this is good news for you, as it will help you fill the gaps left in your memory from the injury.
The Actual Questions You Should Expect
- During the course of your life, have you experienced any other injuries or illnesses?
- Have you been in any previous lawsuits or legal claims?
- What are the details related to the accident or injury? This could include what you were doing at the time of the accident, where you were going, where the injury occurred, or whether or not you filed any insurance claims regarding the incident.
- What can you no longer do as a result of the injury?
- What is your job history? This is typically asked if you will be claiming lost wages.
Questions asked at deposition may be incredibly personal and off-putting at times. However, they are questions that must be answered truthfully to the best of your knowledge. It is a good idea to seek legal representation that you can trust with your case. This is why it is always a good plan to call Maggiano, DiGirolamo & Lizzi, P.C. to aid you in your claim. We will stand by your side and help you get the compensation you need and deserve!