If you are a plaintiff seeking damages in a personal injury claim, any prior convictions in your history could possibly be used to discredit you. An insurance company is not likely to agree to a large settlement if they have information about you that could allow them to pay far less or nothing at all.
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If you have a personal injury lawyer, he or she will also attend your deposition. When the insurance company’s lawyer asks inappropriate or leading questions, your lawyer should object and can try to exclude this testimony at trial. 5. Keep Your Answers Short and Simple
During your deposition, the insurance company’s lawyer will pepper you with questions about your accident, injuries, and damages. If you’re not well-prepared, you can easily make mistakes or become defensive. You should expect questions about:
During a deposition (also called a “depo” for short), both your San Antonio personal injury lawyer and the insurance company’s attorneys will have a chance to ask you questions about your personal injury claim under oath. These questions and your responses are either transcribed by a court reporter or video recorded.
Your deposition is important to your case because it’s usually your first opportunity to give on-the-record testimony and share your side of what happened. A deposition creates a written record of a witness’ testimony that can be used later to impeach testimony in trial.
A personal injury deposition is one of those times where it’s easy to become self-conscious about everything you do. When you know a lawyer is going to depose you and record your testimony, every word choice, gesture, and action suddenly seems very significant, and the stress can cause injured victims to feel like they don’t know how to act or what to say.
General personal information: This can include questions about who you are and your background, like your name, contact information, familial makeup, occupation, etc. Prior physical condition: During a personal injury deposition, the other party’s attorney will want to know what your health was like before your injury.
A deposition is when the other party’s attorney questions you about the facts, details, and circumstances of your case in order to gather information. This happens at a specified date, time, and place, which you’ll know in advance. Depositions generally take place in an attorney’s office, not in a courtroom.
Preparation is extremely important for a deposition. Work with your attorney to prepare for the deposition and take this preparation time seriously. Ask your attorney to role-play a deposition with you so you can practice giving calm, factual answers that are free of opinion or emotional appeal.
Your deposition is important to your case because it’s usually your first opportunity to give on-the-record testimony and share your side of what happened. A deposition creates a written record of a witness’ testimony that can be used later to impeach testimony in trial. This might happen if, for example, the testimony of a witness ...
In real life, depositions in civil lawsuits rarely look anything like this. The deposing attorney in your case will most likely be polite, professional, and maybe even a little friendly — after all, they want you to open up and reveal as much information as possible, not shut down out of fear or frustration.
You are under oath while you’re being deposed, and you’re required to answer questions truthfully and to the best of your ability. The court reporter will record everything that is said and happens during your deposition.
The best way to understand what to expect at your deposition is to talk with your attorney about the process. Your attorney has a vested interest in making sure you handle the other side's questions the right way, and she will make sure you’re as prepared as possible. If you have any specific concerns, just ask.
No. A deposition can certainly be stressful, but often the anticipation is more unpleasant than the actual experience. Preparation can make your personal injury deposition experience a lot less intimidating. The best way to understand what to expect at your deposition is to talk with your attorney about the process.
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, it’s 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, it’s easy to get overwhelmed during a deposition. If you need something reworded or explained, don’t hesitate to ask.
Do not offer other details or your opinions. You’ll 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 . “A deposition is not the time to tell your full story. Instead, it’s a chance for the defense lawyers to build their case against you.”. A deposition is not the time to tell your full story. Instead, it’s a chance for the defense lawyers to build their case against you.
First, a deposition is a statement taken from a party or a witness under oath in front of a court reporter. Any statements made in the deposition may be used in court. Depositions are one of the most important tools lawyers use to gather evidence and information about a personal injury case.
The problem with guessing in a deposition is if you guess wrong, it might be interpreted as a false statement or a lie. Guessing wrong can cast doubt on your credibility if presented in front of a jury. So, if you’re not 100% certain of your answer, tell the attorney you don’t know or remember.
If you 100% know the answer, give the answer. Also, if you don’t understand a question, or it seems complex, ask the attorney to rephrase the question. When your testimony is typed up into a booklet, the question will be very clear and your answer will be very clear.
You are purely playing defense. This means you must listen to the questions and answer them without elaborating. There will be a time and place to elaborate on your answers. I will explain that and much more on how to give depositions in personal injury cases.
Typically most depositions come in three phases. Phase one will be about your life BEFORE the accident or event that caused your injury. The defense lawyer will ask all types of background questions: places where you worked, lived, went to school, previous medical history, previous treating doctors, crime convictions, drug/alcohol rehabilitation, divorced, alias names, tax returns, and lots of other things.
If you are asked to produce a document, such as your diary, journal, notes, driver’s license, health insurance card, wallet or purse, do not agree to show or give it. Then ask that they speak with your attorney.
It’s because people want to explain all sorts of things in their answer. Most of the time an explanation is not requested or needed. Remember, if an explanation is needed, the attorney will ask for it.
It is sworn testimony that the injured party and the defendant give under oath during the case to help parties learn facts about the case and prepare for trial. Depositions are critical in every personal injury case.
When you first meet and talk with someone, you may encounter the awkward pause. There is nothing to say, so you frantically try to come up with anything to fill that silence. Or if you are in a social gathering and you are nervous, you will make conversation to feel more at ease. Both habits are socially ingrained. You must leave both at the door of the deposition. Because like your other normal habits discussed above, they will only hurt you at deposition.
We know that people should not judge a book by its cover. But everyone does. And this is particularly true at depositions. The defense attorney will be viewing you through the eyes of the jury and will be advising her carrier about whether you make a good appearance. Your dress is a big part of this. The important thing is that you are comfortable in what you are wearing at the deposition, and that it presents a neat, clean, and positive impression of the person that you are.
That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.
That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'. What a trend-setting name. Discovery allows the defense lawyer to get copies of your medical records.
Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.
Regardless, the defense lawyer knows he will be unable to get a witness to talk about the conversation you had with your lawyer. He can learn that you had a conversation. That's fine. He will try and imply that something sinister is going on because you talked to your attorney before your deposition.
The defense lawyer must have a good faith basis to ask the question. He can't ask it just for kicks.
He may not be able to ask that same question at trial, but during a deposition, it may be fair game. Even if he gets an answer to a strange question, again, it doesn't mean he'll be able to use it later on at trial. You need to know that during this pretrial question and answer session there are two types of questions which you should NEVER answer.
You absolutely need to answer questions truthfully in a deposition. If they cast a negative light on you there are ways you might be able to have them stricken from what the court or jury will see. It sounds like you are trying to handle this yourself against an experienced lawyer. Not a good idea. You will lose. Hire an attorney immediately...
Lies or attempts to duck play right into the hands if a skilled opposing counsel--she or he could use them to sink you in front of the judge/jury and make you appear to be unreliable and untrustworthy.