How Do You Prepare for a Deposition in a Personal Injury Claim?

A deposition is an interrogatory process that takes place outside of court in many personal injury claims. It's part of the discovery process when negotiations surrounding an injury claim start to lag and the case inches closer to trial. 

Typically, depositions are held in fairly informal settings, like conference rooms, but they may feel a bit like an actual trial. You are required to testify under oath, and the opposing counsel will ask you questions designed to elicit information that might help support their position (and hurt yours). Everything you say will also be recorded

This makes it particularly important to understand how depositions are used and what you can do to prepare for one.

What's the Purpose of a Deposition?

Depositions can be used by both sides to gather evidence, and they can involve testimony from eyewitnesses, medical providers, and expert witnesses. When it comes to your deposition, as the victim of an injury, however, you can generally expect the defense counsel to be doing more than just getting information.

1. They are looking for ways you may have been negligent.

The defense in your personal injury claim wants to minimize their client's liability however they can, and they may do that by trying to show that you were actually at least partially responsible for your own injuries. They may try to get you to admit that you weren't looking where you were going, for example, when you stepped off a curb and were hit by a car, or that you didn't follow a doctor's orders during your recovery.

2. They are assessing how good of a witness you really are.

All sorts of "human factors" can affect the outcome of a personal injury trial, including how credible and likable the jury thinks you are. The defense wants to see how you perform under pressure. Do you lose your temper or get flustered easily? Do you have trouble remembering the details of the accident and contradict yourself? Or, are you calm, articulate, and clear about your experiences? Either can influence your case.

How Do You Prepare for a Personal Injury Deposition?

Your personal injury attorney is your strongest ally both before and after the deposition. Talk with them about what you can expect based on their knowledge of the case and the opposing counsel, and ask them to talk with you about the questions you should expect. In addition, here are some tips that can make the process easier:

• Prepare yourself by reviewing all the paperwork in your case, including your own medical records, your journal notes, and the written interrogatories you already submitted. You don't want to contradict what's already been said.
• Stay calm and don't let the other side rile you up. Listen to the question carefully, give your attorney time to object to improper questions before you answer, and take a moment to choose your words carefully.
• Never argue with the opposing counsel, but don't hesitate to ask them to clarify a question you don't understand. If the other side tries to bully or rush you, just take your time and let your attorney handle the situation.
• Do not give any more information than is required. If you can answer a question with a simple "yes" or "no," do so. Don't elaborate or volunteer anything. 

Many personal injury claims settle shortly after depositions are given because the strengths and weaknesses on both sides of the case often become clear. That leads to more active negotiations between the two parties and can incentivize them to find mutually agreeable terms. Even when that doesn't happen, however, depositions can be vital in preparation for a trial.

Having a highly qualified personal injury attorney's assistance as you prepare for your deposition is key to protecting your rights and obtaining the compensation you need. Contact the Frank Penney Injury Lawyers for professional legal representation in your case.