Posted on Sunday, December 15th, 2024 at 10:40 pm
One of the most intimidating aspects of preparing for a personal injury lawsuit is the deposition. Sitting for a deposition can be overwhelming and intimidating. The opposing side may use tactics to get you to misspeak or contradict yourself, jeopardizing your case. Taking time to prepare for your personal injury deposition is the best way to prevent mistakes and solidify your case.
What Is a Deposition?
A deposition is an interview. It is a formal process for questioning an individual and is used to gather information and evidence as part of the discovery phase of the personal injury lawsuit process. Typically, the “deponent” sits for questions presented by the opposing party’s attorney, with the deponent’s attorney also present to protect their legal rights. A court reporter is also present and transcribes the testimony. Audio or video of the deposition may also be recorded during the session.
What to Expect at a Deposition
Although a deposition does not take place in a courtroom but most likely at an attorney’s office or other location, it is a formal legal process. You should expect certain things when engaging in the deposition process. Typically, you will find yourself answering introductory questions, including providing basic information about yourself.
Next, the opposing attorney may ask questions about the accident that triggered the personal injury lawsuit. You may be asked about the circumstances of the accident and what you were doing just before the incident. You may be asked to discuss the incident’s date, time, location, who else was involved, and what injuries you sustained.
That typically leads to more specific questions about the nature of your injuries, the treatment you received, and how your injuries impact your daily life. You may also field questions about previous medical conditions or injuries the opposing side may find relevant to the case.
Expect the opposing side to switch up their questioning tactics or press you to answer in a specific way. One of their main goals is not just information collection. It is finding evidence favorable to their position, which may include intimidating or manipulating you into making statements against your best interests.
How to Prepare for a Deposition
Preparing for a deposition can be frightening. To achieve the best possible outcome, always follow the advice of your personal injury attorney. You can also prepare yourself by following these strategic tips/
Do Your Homework
You do not want to answer questions off the cuff. You must be well prepared and do your homework ahead of time. The opposing side will use tactics to manipulate you and poke holes in your case. Review all facts and evidence with your attorney before the deposition. Be accurate and truthful when answering questions. Lies and inaccuracies can damage your credibility and your case.
Do Not Volunteer Information
Do not do their job for them. Only answer questions posed to you. Do not elaborate or volunteer additional information. Do not explain yourself because this can open you up to additional lines of questioning that can hurt your case.
Ask Questions
If you do not understand a question, ask for clarification. Do not open yourself up to miscommunications or confusion by answering questions you do not fully understand.
Never Guess
If you do not know the answer to a question, do not guess or offer opinions. “I don’t know” or “I don’t recall” are fair answers.
Remain Calm
You may feel anxious, nervous, frustrated, and defensive during questions. Stay calm. Emotional outbursts do not help your case. Showing an emotional reaction to specific questions or statements can also help the opposing side, giving them insight into how to get you to crack under pressure in front of a judge or jury. If you need to, take deep breaths, ask for a drink of water, and give yourself a moment to collect your thoughts before you answer challenging or emotionally charged questions.
Dress Appropriately
You may not be going before a judge, but you should dress appropriately for your deposition matters. It shows you take the process seriously. Generally, business attire is suitable, including suits, long-sleeved button-ups, slacks, modest dresses, and blazers. Leave sweatpants, stained clothing, t-shirts, pajamas, flip-flops, and shorts at home. You want to look professional and put together. Good hygiene is also a must, and hair should be tidy.
Let a Fort Smith Personal Injury Attorney Advocate for You
Getting ready for an Arkansas lawsuit can be challenging. Let an experienced Fort Smith personal injury attorney help you prepare for what’s to come. At McCutchen Napurano - The Law Firm, our legal team provides comprehensive and personalized legal representation. Call our office now at (479) 783-0036 to set up a free case evaluation.
