Every step can seem intimidating when your financial health depends on a legal decision. At Gould Injury Law, our experienced lawyers understand how you feel. As part of our commitment to excellent customer service, we prioritize putting our clients' minds at ease.
Do you have a personal injury deposition scheduled in the near future? You must be wondering how it might affect your claim. This blog will help you get answers fast so you can focus on your recovery.
If you have hired Gould Injury Law, you can rest assured that our professional legal team will prepare you for your deposition. If you still need representation in Connecticut, contact us immediately at (888) WIN-FAST to schedule a free, confidential accident consultation.
Why Depositions Are Necessary for a Personal Injury Lawsuit
A deposition is a formal testimony. Though some are short and simple, others take longer. Federal law imposes a 7-hour time limit, not including breaks. Often, the deposition process occurs in a lawyer's office or law firm conference room.
The following list describes who might be present during a deposition:
- Personal injury victims
- Witnesses
- Your personal injury attorney
- The opposing attorney
- Court reporter
- Videographer
Before speaking for an official transcript, each party swears to tell the truth under oath. Though no judge or jury is present, the written document produced during this meeting can later serve as court evidence.
Depositions are an influential part of the legal process for your lawyer and the opposing counsel.
The injured parties can firmly establish their personal injury case
Suppose you tell your version of how the accident happened when the deposition starts. You answer the opposing lawyer's questions confidently and clearly. Your credible testimony will contribute to a strong case in your favor.
Your lawyer may also interview the opposing party. How he or she answers the questions can indicate how that person will explain the case facts at trial.
The defendant's attorney can gather information on injury victims
The defendant’s lawyer wants to see if there are inconsistencies in the victims' accounts. He or she will ask certain questions and listen carefully to the answers. Certain questions could impact how difficult it will be to claim fast compensation and how much your personal injury lawsuit is worth.
Why Answering Questions Properly Is Essential
The deposition process is crucial to your personal injury case. Your lawyer will help you prepare. When you feel ready and know what to expect, it is easier to remain calm during the process. So what potential questions can you anticipate?
The following information will discuss some common topics you might encounter at a deposition.
Your background
These questions are designed to establish the background and credibility of the involved parties.
These questions might cover subjects such as your:
- Work history
- Education
- Previous personal injury lawsuits
- Criminal record
The other party often knows the answers to the questions asked, so be honest and stay calm.
Your prior physical condition
You will likely be asked about your prior medical records. Since an insurance company will likely be paying your compensation, the defendant's lawyer wants to determine the source of your injuries. Is a pre-existing condition causing your pain now, or is the accident the cause of your discomfort?
Your answers can influence how much the liable party is responsible for and how much they should pay.
The accident
“What happened?” Of all the possible questions, this is one of the most important. Legal representation for the opposing party will want to know if your account aligns with that of the witnesses. For example, the defense might ask about the time, place, weather conditions, what led up to the incident, and what you did after the event.
The impact on your daily life
Are you in pain? Can you still do the same work tasks as before your injuries? What about your housework and other duties? You should explain how the accident impacted your enjoyment of life and ability to earn a living.
How to Prepare for Your Personal Injury Deposition
Don't wait until the deposition starts to think about how you will answer questions. Remember, you will be under oath, and a court reporter will record everything you say. Why not prepare with a fast, effective Gould Injury Law attorney to ensure you don't make a costly mistake?
Prepare before the date
You and your lawyer can review documentation related to your injuries, including:
- Communication between you and the other party
- Insurance claims
- Medical records
- Police reports
- Workers' compensation records (e.g., evidence of filing a claim, letters, pay stubs)
- Any previous statements on record
Reviewing with your lawyer brings significant benefits. By doing so, you can:
- Remind yourself of specific dates or details
- Ensure your testimony aligns with the documentation
- Respond well to unfavorable or potentially damaging facts
- Present the most important facts clearly and effectively
- Discuss your concerns and ask questions about confusing medical or legal terminology
Even minor inconsistencies or small mistakes can challenge a person's credibility.
Avoid common mistakes
You should be aware of the damaging missteps that could happen at a personal injury deposition, which include:
- You have rights, but if you don't know what they are, you could unintentionally waive them
- Contact your lawyer as soon as you receive a subpoena to appear at a deposition, as waiting reduces your preparation time
- You don't need to elaborate; only provide the facts asked for and avoid volunteering additional information
- If you can't remember the answer to a question asked at the deposition, don't guess
- A defense attorney might try to undermine your claim; don't get angry or defensive, even if provoked
As in a trial, your attorney can raise an objection during the deposition if a question is irrelevant, unnecessary, or deceptive. Yet, he or she cannot read your mind. If you start to feel uncomfortable or confused, ask for a break and tell your attorney how you feel.
The information collected after a deposition may be used as evidence in a court trial, mediation, or arbitration session. Depositions might also be used if an important party cannot attend the trial because of distance, serious illness, or death.
Dispel Your Fears During Your Free Consultation With Us
Filing a lawsuit can be an overwhelming process. Many clients of Gould Injury Law are relieved that they are never alone in the battle for justice. When you prepare with a fast, competent lawyer, a personal injury deposition transforms from an object of fear to an opportunity to strengthen your case.
What can you expect? Every Connecticut court case is different, so our lawyers need to get to know you and your case. We invite you to schedule a free case review to discuss your concerns.
Contact our accident defense team at 888-WIN-FAST for fast answers to your deposition questions. Our phone lines are always open, so don't hesitate to call now.
