When we represent clients who have been injured, whether in an auto or truck accident, medical malpractice, workers compensation or wrongful death case, one of the more stressful events for them is giving their deposition. Clients frequently are fearful or stressed about giving a deposition, which is understandable because this often is a new and sometimes strange process for them.

What is a deposition? A deposition is where the other lawyers are allowed to ask you questions under oath. There will be no judge or jury present. However, after the deposition is over, the court reporter will type out all the questions and answers, and both your lawyer and the other lawyer will receive copies. Your deposition will assist the other party in evaluating your case for settlement purposes. This is often the first and only opportunity for the other lawyer to see you before the case comes to trial. Therefore, you should be clean and neatly dressed, and courteous and respectful to the other lawyer and all others in attendance.

Clients are typically concerned about being tricked by other lawyer. We will be with you when you are deposed and we can object if there is an improper question asked of you. The questions asked during your deposition can cover just about any topic, as long as it is somewhat related to the case and reasonably calculated to lead to admissible evidence. This would include, for example, in an auto accident case, questions about how the accident occurred, your injuries, your doctor visits, your lost income, your pain and suffering, your permanent injury, your background, etc.

It is important to listen to each question carefully and be sure that you understand it before answering, so that you can answer in a truthful manner. You should never answer with a deliberate lie, or in an inaccurate or exaggerated fashion. To give a truthful answer you must understand the question. If you don’t understand the question, it is perfectly acceptable to ask the other lawyer to rephrase it so that you do understand. If you do not know the answer, do not be afraid to say that you don’t know or don’t recall. No one can remember every small detail. However, you will remember the important things and should give an honest and full answer to questions on these points. Additionally, you should never volunteer anything. Give a full and complete answer to the question asked, but do not anticipate any other question or attempt to answer it. If the other attorney overlooks any relevant or important questions, that is his/her worry, not yours.

If your case goes to trial, your deposition may be used in court, particularly in cross-examination of you by the other lawyer should your testimony at trial be different than your testimony at the time of the deposition. The lawyer will want to indicate that you told two different stories. For this reason it is extremely important that you have everything in mind concerning the cause and nature of your injuries, and the facts of the case at the time of the deposition.

Here are some brief points to help you as you prepare for a deposition:

1. You should be clean, and wear clean, neat clothing.
2. Treat all persons in the deposition room with respect. Consider this an important and solemn occasion.
3. Come prepared to exhibit any and all injuries which you have suffered.
4. Have with you the facts and figures with respect to your time lost from work, amount of wages lost, doctor bills, hospital bills and all other facts with respect to the damages caused as a result of your injury. Review these items before coming to the deposition.
5. Tell the truth.
6. Never lose your temper.
7. Don’t be afraid of the lawyers.
8. Speak slowly and clearly.
9. Answer all questions directly, giving concise answers to the questions, and then STOP TALKING!
10. NEVER VOLUNTEER any information. Wait until the question is asked; answer it and STOP. If you can answer “yes” or “no,” do so and STOP.
11. Do not magnify your injuries or losses.
12. If you don’t know, admit it. Some witnesses think they should have an answer for every question asked. You cannot know all the facts and you do yourself a disservice if you attempt to testify to facts with which you are not acquainted. It is IMPERATIVE that you be HONEST and STRAIGHTFORWARD in your testimony.
13. Do not try to memorize your story. Justice requires only that a witness tell his/her story to the best of his/her ability.
14. Do not answer a question unless you have heard it and clearly understand it. If you have to, ask that it be explained or repeated.
15. Do not guess or estimate time, speed or distance unless you are sure that the estimate is correct, and then make certain that when you answer, you state that this is your estimate. Go over these estimates with us before your deposition is taken.
16. Many of the questions you will be asked will not be admissible at the trial, but the opposition is entitled to an answer in order to help them prepare their case. Many cases are lost because the witness tries to hide something. Many of the questions can be used at the trial to discredit you.
17. If we object to a question, stop talking, and we will instruct you after we object to either answer the question or not to answer it.
18. After the deposition is over, do not discuss anything in the presence of the opposing lawyers or the reporter. If you want to discuss something after the deposition, wait until we are alone.

Please contact us to discuss your legal matter. Our experienced attorneys would be glad to discuss your claim and let you know how we can help.