Plaintiffs facing a personal injury deposition may feel nervous and have a multitude of questions. The process can be confusing and it is important that a plaintiff is adequately prepared by their attorney before attending the deposition.
What is a Deposition?
Depositions are question-and-answer sessions that allow the defendant’s attorney(s) to gather information regarding the case. They will ask the plaintiff questions, and the plaintiff must answer truthfully. The plaintiff’s attorney will be present for the deposition, as well as a court reporter who will document questions and answers. Sometimes a deposition may be videotaped, but this is not a standard practice.
The purpose of the deposition is to allow the defense to find out information regarding the accident and injuries the plaintiff is claiming in their case. This allows them to better prepare for trial and also determine if a settlement negotiation is warranted. The defense is entitled to a plaintiff’s facts, recollections, impressions, and physical evidence in a personal injury case.
Tips for Preparing for a Deposition
A plaintiff’s attorney will meet with them regularly to help them prepare for the deposition. They will go over the process and even practice questions the defense is likely to ask. To help better prepare, there are some things you can do to ensure your deposition goes smoothly:
- Dress well and be groomed for your deposition. The attorney at the deposition is there to determine the legitimacy of your claim and the more professional you appear, the more truthful you may seem.
- Always speak clearly and answer your questions truthfully. The court reporter will document your answers and those deposition answers could be used against you in court.
- Take your time before answering and listen carefully to the question. Always pause before answering and give your attorney time to object to the question if they feel it is necessary.
- If you need a break, you have the right to ask for one – even if you need just a minute to compose yourself.
- Never argue with the defense attorney – this is your attorney’s job. Be polite and answer questions and rely on your attorney to point out any improper questions or harassment.
- Never be afraid to say that you do not remember something or do not know. If you are guessing, always be clear that you are guessing or estimating so that your answer is properly contextualized.
- Give short answers and never provide more information than necessary. If the question can be answered with a single word, use a single word. The more information you provide, the more you may accidentally suggest to the defense.
- Be prepared to describe your injuries and experience in detail. You may also be asked to describe the pain in detail and rate your pain on a scale of 1 to 10. Never exaggerate your injuries; instead, be truthful. On the other hand, do not minimize your injuries either.
Hire a Skilled Personal Injury Attorney for Your Case – Contact De Castroverde Law Group Today
Having a good personal injury attorney present is important during a personal injury deposition. An attorney can help guide your questions, make sure you give the right information, and most importantly, make sure that the defense asks appropriate questions. For representation in your personal injury case, contact De Castroverde Law Group online or call 702-222-9999 to schedule a consultation.