Preparing for a Deposition in Your Personal Injury Case
A deposition is a type of question-and-answer session in which a witness is asked specific queries about a particular incident by an attorney. The answers are given under oath and in the presence of a court reporter and so can be used as evidence at trial as a form of sworn testimony, either for or against the person being deposed (deponent). This is why it’s so important for those who have been called to a deposition to be well-prepared for the questions they will face.
Why Have I Been Called to a Deposition?
Depositions are undertaken for a variety of reasons, but in personal injury cases are geared primarily towards:
- Gaining knowledge about the parties’ recollections of the accident in question;
- Gathering evidence in the form of admissions or statements about the cause of the accident;
- Getting the parties to commit to certain statements under oath; and
- Gauging whether a party will appear believable or sympathetic to a jury if a case goes to trial.
Because the information revealed in a deposition is so critical to the outcome of a civil case, those who have been ordered to attend should be sure to keep a few tips in mind when it comes to preparing.
Preparation for Your Deposition is Key
Before attending a deposition, you should be sure to:
- Review the facts of the case with your attorney, so that you can describe the accident in a confident manner;
- Refrain from bringing notes or other documents to your deposition, as the opposing attorney could be entitled to see them, which in turn could damage your case;
- Remember to think before giving an answer, so that you don’t mistakenly volunteer unnecessary information and weaken your case;
- Avoid guesses or half-truths, but admit if you don’t remember something; and
- Remember to relax, stay calm, and give honest answers, as changing your story or providing confusing answers due to nervousness can give the impression of dishonesty and can fatally weaken your case.
An experienced attorney will be well-versed in the kinds of tactics that attorneys use to cast doubt on a claimant’s account of an accident. This is why it’s so critical to start working with a lawyer as soon as possible after your injury to ensure that you are prepared to provide believable sworn testimony in your case.
Contact an Experienced Florida Personal Injury Lawyer
If you have been called to a deposition, there are a lot of steps that you can take to prepare for the questions you will face. For help getting ready for a deposition, or to initiate your own personal injury case, please call the experienced Fort Lauderdale personal injury lawyers at Boone & Davis today. We know the kinds of tricks that attorneys may use to try and trip you up during your testimony and cast doubt on your claim and can help you avoid accidentally jeopardizing your claim. A member of our legal team is standing by and prepared to get started on your case right away.
Sources:
law.cornell.edu/wex/deposition
law.uw.edu/news-events/news/2022/preparing-for-a-deposition
