8 Personal Injury Deposition Questions a Lawyer May Ask You
Full Answer
What Questions Are Asked at a Deposition?
The Top 10 Killer Deposition Questions
to determine how and when the underlying accident or injury occurred. How a Deposition Works In an Injury Case. When either side of the personal injury case (plaintiff or defendant) wants to schedule a deposition, they must give give reasonable notice to all parties according to local court rules, but the deposition may be in almost any location.
Since a deposition is legally binding, it is important that you answer each question truthfully. Failing to do so will result in legal implications. Although you must answer each question truthfully, there are a few reasons why you do not have to answer questions throughout your deposition.
What Should I Do If I Object to a Personal Question During the Deposition? The deposing attorney can ask any question he or she likes, but you do not necessarily have to answer them. If you believe that the attorney has asked an irrelevant question, you can object to the question, or ask your attorney how to proceed.
Common questions in this vein include:How did you prepare for this deposition?Have you spoken to anyone other than your counsel about this case? ... What, specifically was discussed?What documents pertaining to the case have you reviewed?Did you meet with counsel for the other side prior to this deposition?More items...â˘
You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.
Avoid Providing Privileged Information Questions involving personal information, privileged information, or irrelevant information are against the rules unless the opposing lawyer can explain why the answer is relevant.
How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. ... Listen to the Question in Detail. ... Dissect Any Compound Questions. ... Stand Up for Yourself During Questioning. ... Take Your Time Answering Deposition Questions. ... Admit to Mistakes or Inconsistencies in Your Answers.
How to Handle a Deposition: Advice from an OMIC Defense AttorneyTell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...
9 Tips for a Successful DepositionPrepare. ... Tell the Truth. ... Be Mindful of the Transcript. ... Answer Only the Question Presented. ... Answer Only as to What You Know. ... Stay Calm. ... Ask to See Exhibits. ... Don't Be Bullied.More items...
Staying Calm, Collected, and on CourseTell the Truth â It helps to think of a deposition as nothing more than a discussion. ... Think First, Speak Second â Always consider the question and think over your answer before you speak. ... Keep It Short and Sweet â Your answers should be short, sweet, and to the point.
Depositions are stressful, but you can do it if you follow the top five rules and prepare with your attorney. No need to over-prepare. The facts are what they are.
Privileged information is information that is protected by a confidential relationship recognized by law, such as attorney-client, doctor-patient, etc.
After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.
The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.
The deposition is a very important aspect of a personal injury trial because information collected during this process ultimately will affect the outcome of the case. When considering how to answer deposition questions, it can help to reexamine all of your medical and accident records to refresh your memory. Soon after your accident ...
At the deposition, say only what is necessary and avoid going into long-winded explanations that open the door for you to make mistakes that can jeopardize your case. For example, if asked a yes or no question, simply respond with yes or no. Make the attorney dig for more â do not offer additional information.
Discovery is the general process by which parties to a personal injury claim obtain information from the other side. Deposition questions (in a pretrial oral examination) and interrogatories (pretrial written questions) are two of the most useful tools in discovery, as they give both sides the opportunity to ask questions about the case ...
During the deposition, you can expect attorneys on both sides to be present, as well as a court reporter, who will keep a record of every word spoken (unless your attorney requests that something be off the record).
One attorney may ask the questions, while another may cross-examine you . It is important that your own attorney is present as well to instruct you on how to answer deposition questions and to object if necessary.
We recommend that our clients do not actually do much âpreparationâ for the deposition. The goal is to simply communicate the facts of the case as clearly and concisely as possible. However, there are some simple things that you can do to ensure that you are able to speak calmly and tell your story properly at the deposition: 1 Get a good nightâs sleep. 2 Eat a healthy breakfast. 3 Make sure that you arrive on time by planning ahead and understanding when and where the deposition will be held. 4 Avoid speaking to strangers coming to or from the deposition. Believe it or not, the defense will often hire private investigators to observe the plaintiff, noting anything that is inconsistent with the injuries she is claiming.
However, there are some simple things that you can do to ensure that you are able to speak calmly and tell your story properly at the deposition: Get a good nightâs sleep. Eat a healthy breakfast.
In civil cases such as personal injury or medical malpractice, depositions occur during the discovery phase, which is the period of time after the law suit is filed and the initial papers are exchanged between the two sides. The testimony taken during a personal injury deposition can be used at a trial.
Rely on your attorney to go over the facts with you and refresh your memory to prepare . Your attorney will make sure that the important details of the case are established in your mind for when the time comes. So, above all else, have confidence in your counsel. If the correct answer is âI donât know,â then say that.
Avoid answering questions in absolute terms. Despite blanket statements probably being inaccurate, they are also easier to discredit. Additionally, there is always the chance that as a plaintiff in a personal injury suit, you will undergo surveillance by a private investigator hired by the insurance company.
Donât exaggerate. An answer of a 9 or 10 (unless sufficiently substantiated by the facts of the case) can be used by a skillful attorney to make a plaintiff appear dishonest.
Essentially, discovery is a pre-trial procedure through which litigants can obtain relevant evidence from the other party. In personal injury cases, one of the most common (and most important) parts of the discovery process is the deposition.
Going through a personal injury deposition can be stressful. Even if you are not hiding anything and you are more than willing to provide all of the information that you have, it is still normal to be worried or to have some form of generalized anxiety.
There is nothing wrong with thinking about an answer. Do not be intimidated by silence. Thoughtfulness matters. You can go as slow as you need. Remember, your personal injury lawyer should be at the deposition with you. In part, you should rely on them to object to any misleading or unfair questions.
When your personal injury attorney tells you that your deposition has been scheduled, you may feel a sense of panic. Depositions can make you nervous, and anticipation even more so. But proper preparation for your deposition should ease your anxiety.
Youâll be asked about your current address and any previous addresses which you lived in over the last decade or so.
A deposition is a question and answer session with the other sideâs attorney. The other attorney will ask you questions. You will give answers. Your attorney will be there with you during the deposition. A court reporter will also be there, taking down everything that is said. The court reporter is also called a stenographer.
During the deposition, you, not your attorney, are the one who will answer the questions, making it important that you show up prepared. A car accident lawyer can prepare you for the process, helping to minimize the stress and prevent it from seeming overwhelming.
Theoretically, the other side can ask you anything they want. But the most likely scenario is that they will ask detailed questions about the day of the crash, the crash itself, and any injuries you are claiming. Their overarching goal is to catch you contradicting yourself or demonstrating a lack of credibility.
Depositions are an important part of any personal injury lawsuit. A strong, factually consistent deposition can strengthen your personal injury claim and might lead to a settlement. However, a flawed depo can undermine your credibility and devalue your claim.
If you become combative or angry, the defense lawyer will use your bad behavior against you. If you need a break to calm down or compose yourself, ask for one. If you have a personal injury lawyer, he or she will also attend your deposition.
When you testify, a few seconds of silence can feel like an eternity. Sometimes, accident victims feel like they have to provide quick answers. However, if you need time to think, take all the time you need. Your personal injury lawyer will want you to deliver thoughtful, accurate answers to every question.
After a serious accident, you could be in a lot of physical and emotional pain. You may also have limited memories of the incident . While you might feel tempted to overstate your symptoms and the facts surrounding your accident, itâs never a good idea.
Unless you ask for clarification, the lawyers and the judge will assume that you understood the questions you are asked. Unfortunately, itâs easy to get overwhelmed during a deposition. If you need something reworded or explained, donât hesitate to ask.
Do not offer other details or your opinions. Youâll have plenty of time for that later. Additionally, your lawyer will have a chance to cross-examine you at the end of the deposition.
Keep Your Answers Short and Simple ďˇ ď¸. âA deposition is not the time to tell your full story. Instead, itâs a chance for the defense lawyers to build their case against you.â. A deposition is not the time to tell your full story. Instead, itâs a chance for the defense lawyers to build their case against you.
A deposition refers to a meeting called by the attorneys of one party to collect information from the other party. If you are being deposed during the process of your personal injury claim, it entails that you will be questioned by the defense.
Depositions are an important part of the discovery phase of your claim. It may feel like your deposition will only benefit the defense, but this is not the case.
A deposition is not a conversation between you and the defense attorneys. Instead, it is a question-and-answer session. You never want to provide information that isnât pertinent to the questions youâve been asked.
The good news is that you will always have time to prepare for your deposition. We will be an active part of that preparation process.
If you are preparing to file a personal injury claim, it is helpful to know what to expect from personal injury cases, as a whole. The personal injury deposition is often your first opportunity to testify on the record. Weâre here to help you succeed.
Common Deposition Questions. A deposition is a process whereby witnesses provide sworn evidence. They are used to gather pretrial information, specifically to discover what a witness may know and to preserve that testimony for later use in court. Depositions usually in the office of an attorney. They are conducted in the presence ...
Depositions usually in the office of an attorney. They are conducted in the presence of a court reporter who maintains a verbatim record of everything said during the deposition. The person being deposed is under oath and must answer all questions posed by the deposing attorney.