How to Prepare for a Personal Injury Deposition
Michael Babboni
Personal Injury
If you are filing a personal injury case, more often than not, you may be asked for a deposition. During a deposition, you will be asked questions outside the courtroom while still under oath.The deposition allows all parties to obtain testimony from a witness under oath before the trial. It is a part of the discovery process where each party gathers facts and evidence to be better prepared to present their claims and defenses in court.
Is your personal injury deposition scheduled? Here is how you can prepare.
To Begin
When beginning the deposition, the deponent will be sworn in by the court reporter. This is when you take the oath to tell the truth. The court reporter takes the testimony down to prepare a transcript for later use. Some depositions may also be recorded, and the testimony is admissible in court.
Question and Answer Stage
Next comes the question-and-answer stage of the deposition process. This is how the parties learn more about the case and determine if their testimony will be necessary at trial. The examining attorney starts with basic background questions, including questions about your employment and whether or not you have ever been deposed.
Both the plaintiff and the defendant in these cases can expect to be asked questions relating to their past and current injuries and any related medical treatments they have received or continue to receive, their financial standing, the details of the incident, who they have spoken to about the incident, and their criminal history and driving record.
Once the examining attorney has completed their questions, the other attorneys who may be in the room can examine the deponent, including the attorney. These are often just follow up questions to what has already been asked or clarification on what has already been asked.
How Long Do Depositions Take?
Depending on the case, a deposition can take approximately 30 minutes to complete or as long as several hours. Some larger cases may also need to be split up over several days to make sure everything is covered in detail and satisfactory for all attorneys.
The length of time a deposition takes really depends on the details of the case, how much information is provided, and how many attorneys will be participating in the questioning.
Tips for Your Deposition
Now that you know what to expect, let’s get into a few tips to keep in mind for your next deposition.
• Make a good first impression: Dress nicely as you would if you were going to court. The attorneys will look at your appearance and if you appear truthful for a jury.
• Listen before speaking: Make sure to listen to the question completely before offering an answer. And pause before you answer any questions. This gives you the chance to form a more strategic response while also giving your attorney the time to object to a question if necessary.
• Be professional: A deposition will follow a question-and-answer format and is not meant to be a casual conversation, so keep it professional. Avoid making any jokes or participating in small talk. It won’t come across well in a written transcript.
• Keep your answers short: Give brief answers and respond with yes or no or I don’t know. Don’t offer up any information unless it was specifically asked for. If you give a detailed response, end it with, “That’s all I can think of right now.” This gives you the opportunity to go back later and add more details without looking like you were trying to deceive anyone.
Your personal injury attorney in St.Petersburg will go over all of this with you ahead of the deposition so you can be as prepared as possible. Let them know if you are nervous or want to know more about the process. They can also have practice sessions where they ask you questions and advise you on the best way to answer.