Personal Injury Depositions: What You Need to Know

Posted on: 3 January 2019

When you file a personal injury claim, you need to prepare for a deposition. A deposition is the process of you telling your view of the accident under oath. A deposition is a tool used to help determine liability. You need to be aware of some of the rules of depositions before you start the process, including the following:

Always Tell the Truth

Just like in court, you must tell the truth when you give a deposition. The defendant's attorney will cross-examine you to help disprove your claim. Do not overreact or try to exaggerate your story. Simply provide your account truthfully.

Listen to Questions Before Answering

Before you answer any questions, listen to each one carefully so you know exactly what is being asked of you. Only answer the questions with basic information and do not go into further detail unless you are asked to do so. The defendant's attorney may try to lead you into a different line of questioning, causing you to talk about parts of your case that did not pertain to the original question.

Also, do not allow the defendant's attorney to essentially put words in your mouth when asking a question. He or she may be trying to get you to answer a question in a way that could damage your case.

Only Answer Questions That You Absolutely Know the Answers to

If you do not know the absolute answer to a question asked of you, just say you do not know. Do not guess, as you may not get the chance to correct your answer at a later time. Dates are particularly important. If an attorney asks you about dates and you do not have a definitive answer, just reply that you can provide that information at a later date once you refer back to your calendar.

Do Not Provide Every Detail of Your Story

The point of a deposition is to gather facts. This is not the time to go into a narrative about your story of the events. You are only answering specific questions. Do not volunteer any information or elaborate with details unless you are asked about those details. Otherwise, you will give more information than you need to at the time, extending the length of the deposition.

Ask for Clarification

If you are asked a question and you do not understand, do not be afraid to ask the attorney for clarification. You are better off fully understanding the question in its entirety rather than guessing at what the attorney is asking of you.

For more information or assistance, contact a personal injury lawyer.


Preventing Accidents Every Day

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