Many personal injury cases will end up in litigation after a bad offer from the adverse auto insurance company. Sometimes you can also get a loe balll offer from your own auto insurance company if you are involved in an underinsured or uninsured motorist claim. This is when discovery and disclosure begins. Discovery involves sending interrogatories to the other side and answering their questions as well. Some of these questions will be in the format of a deposition which is your “interview” and questioning under oath by the other lawyer who represents the other party or the insurance company. You can prepare for the deposition by following these simple guidelines.
Preparing for a deposition in a personal injury case is a crucial step in ensuring your testimony is organized and effectively presented. A deposition allows the opposing counsel to ask you questions under oath before your case potentially goes to trial. Your responses will be recorded and can be used in court, so it’s important to prepare thoroughly to ensure your testimony supports your case.
First, it’s essential to understand the deposition process. This includes knowing how depositions are conducted, the role of the attorneys involved, and the significance of your answers. Familiarizing yourself with this format can reduce anxiety and help you handle the questioning more effectively.
Next, preparation involves a detailed review of all relevant documents such as police reports, medical records, communications related to the incident, and any legal paperwork filed in the case. These documents contain critical details that pertain to the facts of the case and your personal experience, and reviewing them helps ensure that your testimony is consistent and accurate.
Your attorney will be instrumental in preparing you for the deposition. This preparation will likely include a review of potential questions and themes that the opposing counsel might explore. Your attorney might also hold mock deposition sessions where you can practice responding to questions. These sessions provide a safe space to refine your answers and adjust your approach based on legal advice.
During the deposition, it’s vital to answer questions clearly and honestly. Always speak from personal knowledge and avoid speculating about matters you are unsure of. If you don’t remember something or you don’t know the answer, it’s perfectly acceptable—and legally preferable—to say so.
Personal injury cases are based on damages. When you answered the questions from the other lawyer think about the following:
How did the accident change your life?
How did your injuries change the way that you interact with your family?
How did your injuries limit your work abilities and schedule?
How did you limit your own extracurricular activities?
Taking a deep dive into your own personal life and your activities will help you express your own damages during a deposition. Don’t be shy, stating the truth about your injuries is nothing to be ashamed of. Highlighting your injuries with specific examples only known to you and your family are a great way to express your injuries.
Maintaining composure throughout the deposition is also important. Depositions can be lengthy and sometimes stressful, but taking your time with each answer can help you stay calm and focused. Remember, it’s okay to pause and think before responding or to ask for clarification if a question is unclear.
Moreover, your attorney will handle objections during the deposition, which might occur if the opposing counsel asks questions that are inappropriate or irrelevant. Understanding that these objections are part of protecting your legal rights can help you stay focused on the questions at hand.
Finally, consider the logistics of the deposition day. Dress professionally as if you were attending a court session, and plan to arrive early to discuss any last-minute details with your attorney.
By thoroughly preparing, understanding the process, and working closely with your lawyer, you can navigate your deposition with confidence, contributing positively to the outcome of your personal injury case.