A deposition is a crucial stage in a personal injury case, where both parties gather information and testimonies from witnesses under oath. This testimony can have a significant impact on the outcome of your case. Therefore, it's essential to prepare adequately for your deposition. Below are tips and advice on how clients can effectively prepare for their testimony and what to expect during the process.
1 Understand the Purpose of a Deposition
The deposition occurs outside the courtroom, and the person being deposed is placed under oath. This discovery allows the parties to learn what the other party intends to say if they go to trial. It's essential to understand that the primary goal of a deposition is to gather facts and testimonies that will be used to build or defend a claim. This understanding will help you remain focused and calm throughout the deposition.
2. Consult with Your Attorney
Your attorney is your best resource when preparing for a deposition. Depositions can help your case because your attorney will know what testimony to expect from the other party during the trial. They will help you understand the questions you're likely to be asked and guide you on how to respond effectively. Schedule a meeting with your attorney before the deposition to discuss your testimony and review your case details. In addition, the person being deposed is being evaluated on how they would handle testimony in court.
3. Review Relevant Documents
Reviewing relevant documents before your deposition will help refresh your memory and provide a solid foundation for answering questions during the deposition. Some of the critical documents to check are:
Accident or Incident Report: If your case involves a car accident, slip and fall, or other incidents, reviewing the official report can help you recall important details, such as the date, time, location, and parties involved.
Medical Records: Review your medical records, including doctor's notes, diagnostic test results, treatment plans, and bills. These documents will provide crucial information about your injuries, the extent of your medical treatment, and the costs associated with your care.
Witness Statements: If there were any witnesses to the incident, review their written or recorded statements to refresh your memory about what they saw or heard during the event.
Photographs or Videos: Examine any pictures or videos taken at the accident scene, which can help you visualize and remember the details of the incident.
Insurance Information: Review any communications with insurance companies, including claim forms, correspondence, and policy information. This can help you recall important details about your insurance coverage and any settlement negotiations.
Correspondence with Opposing Party: If you have exchanged any written or electronic communications with the opposing party, review these documents to refresh your memory about the content of those conversations.
Your Own Written or Recorded Statements: If you provided any written or recorded statements to the police, insurance companies, or your attorney, review them to ensure your deposition testimony is consistent with your previous statements.
4. Practice Answering Questions:
Honesty is crucial during a deposition, and giving false or misleading information can damage credibility and negatively impact your case. If you don't know the answer to a question or can't remember specific details, it's okay to say so.
Your attorney will know what questions you will likely be asked, which will help you practice answering questions before your deposition. Provide clear, concise, and honest answers. Remember to:
· Listen carefully to each question.
· Take a moment to think before responding.
· Answer only the question asked – avoid volunteering unnecessary information.
· Tell the truth.
5 Demonstrate Courtroom Presence:
Remember that the opposing counsel evaluates your demeanor and communication skills during the deposition. They are assessing how you would come across as a witness in court. To effectively handle testimony in court, consider the following tips:
· Maintain good posture and eye contact: Sit straight, make eye contact with the attorney asking the questions, and speak clearly and confidently. This will help convey credibility and trustworthiness.
· Stay composed under pressure: Stay calm and collected during your deposition, even if the opposing attorney's questions seem aggressive or accusatory. Arguing or becoming defensive may harm your credibility.
· Be polite and respectful: Treat everyone involved in the deposition with respect, including the opposing attorney, the court reporter, and any other attendees. Being courteous can help build rapport and make you more relatable to a jury.
· Avoid jargon or complex language: When answering questions, use plain, straightforward language that a layperson can understand. This will make your testimony more accessible and relatable to a jury.
· Dress Appropriately: Dress professionally and conservatively for your deposition. First impressions matter. Appearing well-groomed and put-together can help establish credibility with the opposing counsel and court reporter.
It always pays to talk to an experienced personal injury attorney. Your case is much more likely to be successful if you work with an attorney you can trust. Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years. Call us today at 603-647-2600 for a free consultation. We only get paid when you do!