How to prepare for a personal injury deposition:
If someone has been involved in an accident involving injury and plans to seek personal injury compensation through legal remedies, they can almost certainly expect to be questioned during a personal injury deposition at some point during the process. This can make some people feel a bit nervous, especially if they’ve never been in a courtroom or given a deposition before.
In order to help people feel more at ease, we’ve put together this page to better prepare injury victims for the type of questions they may be facing during a personal injury deposition.
Personal Injury Deposition Basics:
Most personal injury depositions are held in the office of the attorney for the Plaintiff. In some cases, depositions are also held at the law office of the defendant(s). During the deposition, the injured victim’s attorney will be present, along with any attorneys for the defendant(s).
Personal injury depositions are usually recorded via video and audio means, and later transcribed. If someone provides answers on a deposition, they are permitted to submit an errata sheet – this creates an opportunity to review the deposition and add any clarification or note any issues which then gets attached to the transcription.
Deponents will need to speak clearly and concisely in order for the recording equipment to get a good capture, and it is important that they don’t speak over anyone. Wait for the question, and then give the answer after a brief pause. Their attorney may want to object to a question as well, and will do so before the deponent can answer – or as they start to answer if they do so before the attorney has a chance to object.
The defense attorney doing the questioning will also be judging the deponent as a potential witness as they’re answering the questions. It is extremely important that deponents answer each question truthfully and as complete as possible. If a deponent doesn’t know the answer to a question, then they should just say “I don’t know”, which is a perfectly fine and acceptable answer. I don’t recall is also a good answer. Deponents want to avoid any speculation as this could lead to bad answers that could end up hurting their claim.
What kind of questions will be asked during a personal injury deposition?
After the initial introduction and a few ground rules are established, the beginning questions will typically start by asking for the deponent to state their name, spell it for the record, and perhaps provide a few additional details such as employment, education, and other details about their personal history such as where they’ve lived and where they were born.
During the questioning related specifically to your personal injury claim, a deponent will be asked to provide as many details relating to the events that happened. Some attorneys may ask questions out of sequence or jump around, but generally the deponent will be expected to provide a timeline of events. The attorney will ask them to provide any additional details they may have about certain answers they’ve given.
Deponents will also need to recall any witnesses and what they saw, and provide details of how the situation occurred in their opinion, and how it was handled as well as what happened since the accident.
Was the victim taken to a hospital, for example? Are they undergoing or have they undergone any additional therapy or long term treatment and care? What expenses have they incurred as a result of the accident? Did they miss any time from work? What other losses have they incurred?
New injuries can also lead to exacerbating old injuries, and as a result, a deponent may be asked if they’ve ever had any previous injuries that could be worsened by a new injury. Have they ever filed a personal injury lawsuit before? Is loss of income or benefits and the cost of caring for the injured victim included in their claim?
A deponent may feel some of the questions are a bit intrusive or meaningless, and that’s typical. But the attorney questioning the victim was not there as a witness, and they need to gather as much information as possible. Some questions may even seem offensive, but generally the attorney questioning a deponent will inform them that is not their intent, they just need to be clear for the record.
The attorney for the injured victim will certainly look after their best interests and object whenever necessary.
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Preparing for a personal injury deposition:
Prior to taking the deposition, the attorney for the injured victim will help them prepare by providing the details such as date, time, location, what to wear, and who will be present. They may also make time to bring a deponent in to go over a few questions and answers in order to make sure they don’t miss any important details that need to go on the record.
Certain documents may also be requested which would be used to help strengthen and build the case. Any medical records, payment receipts, photographs of the injury or the location or even the scene at the time are all very helpful.
If the injury lawyer feels any document requests from the defense are intrusive or unattainable, they will object.
During the deposition, deponents need to remember to stay calm, wait for the question before they give their answer, make sure they answer truthfully, completely, and speak clearly. Deponents won’t be able to find out all of the questions they’re being asked, but the above outline is a general idea of what they can expect.
The Tampa personal injury lawyers at Fernandez Law Group provide strong legal representation for many types personal injury cases involving medical errors, malpractice and negligence, wrongful death, workplace injuries, disabling injuries, auto accidents, toxic exposure, and more. If you or anyone you know ever finds themselves in a situation where they end up suffering from these types of injuries, do not hesitate to look for a lawyer.
When looking for a Tampa personal injury lawyer be sure to visit the legal team at Fernandez Law Group to see how we can help – not just one attorney – but multiple attorneys work together at no additional cost. Consultations are always free and we don’t receive any compensation until we win.