I have a deposition coming up – what should I do?
First thing is try to relax – you have your experienced personal injury attorney from Motheral Jones Law who will explain everything about the process and what to expect during your deposition well before the date of your deposition.
Depositions are interview questions asked to you by the opposing counsel in your case. Depositions are not tests. You will not be given a grade on your deposition. Depositions are merely questions to see what happened during the incident that injured you and what your injuries are. It is your chance to present yourself as a real person to the opposing counsel, and not just the person they have been hearing about in your medical records, demand letters, legal pleadings and discovery.
Your deposition may be conducted in person, or virtually via Zoom or Microsoft Teams. If you prefer a virtual deposition, please let your attorney know. If you are scheduled for a virtual deposition, your attorney at Motheral Jones Law will set up a practice Zoom meeting to make sure there are no electronic difficulties with your phone or computer before the day of the deposition.
“I don’t know” or “I don’t remember” are perfectly good answers to a question during your deposition. We want you to do your best in explaining what you have experienced in your own words and if there is something that you don’t know or don’t remember that is OK, just say so.
Most importantly be truthful in your answers. You lived through this ordeal, and we want you to explain to the best of your ability what happened, what injuries you sustained and how it has affected your life.
We don’t want you to guess or estimate in your answers. If you have a fairly accurate estimate, for example, “I went to physical therapy for about 5 or 6 months”, that is alright. But we don’t want a wild guess to any of your questions. If you are unsure of the answer to the question, a simple, “I don’t know” or “I don’t remember” is a good answer. If you are pressed for an answer you may respond, “I don’t know and I don’t want to guess.”
If you don’t understand a question, the question is confusing, or you don’t hear the question, we ask that you let us know. You could say, “please repeat the question?” or “could you rephrase the question?”
There may be an objection to a question that is asked to you during your Deposition. After the question is asked your attorney at Motheral Jones Law will say “objection” during your deposition before you give your answer. If your attorney says “Objection”, please pause and do not answer the question until you are directed to do so by your attorney. Please pause and let the attorney put their objection on the record.
The opposing counsel may ask you if you have ever been injured before in your lifetime. If the answer is yes, you will explain any prior injuries that you may have had prior to the incident date of the lawsuit. It is common to have a prior injury that is made worse or reinjured in a collision or slip and fall incident.
You will have a conference with your lawyer from Motheral Jones Law well in advance of your deposition date to answer any questions you may have about your upcoming Deposition. If and when you have any questions, please do not hesitate to contact Motheral Jones Law as we are here to help you every step of the way to get you the settlement, verdict or award you deserve for your pain and suffering.