If your personal injury case moves into litigation, you will likely have to give a deposition. The word itself sounds intimidating. Many clients worry it will be like a scene from a TV courtroom dr...
If your personal injury case moves into litigation, you will likely have to give a deposition. The word itself sounds intimidating. Many clients worry it will be like a scene from a TV courtroom drama, with lawyers shouting and grilling them. In reality, a deposition is usually a calm question-and-answer session in a conference room. However, it is a critical moment in your case. Being prepared is the key to success.
What Is a Deposition?
A deposition is sworn testimony given out of court. A court reporter will be present to record everything you say. The defense attorney will ask you questions to learn what you know about the accident and your injuries. Your attorney will be right there next to you to protect your rights.
Common Topics Covered
You can expect questions about: 1) Your background (work, family, criminal history), 2) How the accident happened (in detail), 3) Your injuries and medical treatment, and 4) How the injuries have affected your daily life. They are looking for inconsistencies or pre-existing conditions.
The Golden Rules of Testifying
1. Tell the truth. Always. 2. Listen to the entire question before answering. 3. Don't guess. 'I don't know' or 'I don't remember' are perfectly acceptable answers. 4. Keep your answers short. Don't volunteer information they didn't ask for. 5. Stay calm. Don't let them provoke you.
The Role of Your Attorney
We prepare you thoroughly before the deposition so you know what to expect. During the deposition, we can object to improper questions. We are there to ensure you are treated fairly and that the record is accurate.
After the Deposition
Once the deposition is over, you will have a chance to review the transcript for errors. The defense will use your testimony to evaluate the strength of your case, often leading to a settlement offer shortly after.
Contact Emas Law Group Today
A deposition is your opportunity to tell your story. With Emas Law Group by your side, you have nothing to fear. We ensure our clients are confident and prepared. If you have a deposition coming up, trust in your preparation and your legal team.
Frequently Asked Questions
Can I refuse to answer a question?
Generally, no, unless the answer is privileged (like conversations with your lawyer). Your lawyer will instruct you if you should not answer.
How long does it take?
It can take anywhere from 2 to 6 hours, depending on the complexity of the case. We will give you an estimate beforehand.
Will the judge be there?
No. Depositions typically take place in an attorney's office with no judge present.