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If you file a personal injury lawsuit, you will need to prepare for a deposition. A deposition is when you sit down and go over your account of the accident and resulting injury under oath. This is used to help determine liability. When you provide a deposition, you have to follow some rules, including the following:
Tell the Truth
When you provide a deposition, you are doing so under oath. Therefore, you must be sure that you tell the truth when you provide the details of your accident. The attorney for the defendant will also ask you questions, and he or she will attempt to find holes in your story. Just explain what happened in a factual manner and you should be fine. Do not feel the need to embellish or stretch the truth in any way.
Listen Carefully
When you are asked questions, listen to them carefully before you provide an answer. When you provide an answer, do not elaborate or give more information than is being asked for. Only answer the question asked at the time. As a rule, less is more in a deposition.
Only Provide Answers You Are Sure Of
When you are asked a question and you are unsure of the answer, you should say you do not know. There is nothing wrong with this answer as long as it is true. Do not try to guess an answer, even if prompted to do by an attorney. If you guess wrong, it can negatively impact your case. One of the most common areas where this could be a problem is dates. It can be difficult to remember certain dates of events. Before your deposition, prepare a calendar of dates and events that you can refer to during your deposition if needed.
Do Not Feel Compelled to Share Your Whole Story
The deposition is not the right time to tell the entire story of your accident and injury. Resist the urge to provide a narrative of your incident. You are only there to answer the questions the attorneys have for you. You could end up accidentally providing information that could hurt your case in the long run. If your case goes to trial, that will be a more opportune time to provide more details if asked.
Don't Be Afraid
This process can be intimidating. Your attorney will help you prepare as much as possible. If you find you are being asked a question and you do not understand, do not freeze and not answer. Instead, ask for clarification. You do not want to accidentally provide the wrong answer just because you did not understand the question.
Make sure to discuss the deposition process (and anything else regarding your lawsuit or situation) with a personal injury attorney.
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