Mastering Your Deposition: Essential Tips for Personal Injury Cases (Full Transcript)

Speaker 1: You can't win your case in a deposition, but you sure can lose it. So, what is a deposition? Well, it's a legal proceeding where an attorney asks you questions under oath before either a trial or a hearing. Generally, a court reporter is present, and they're going to transcribe everything, all the questions and answers, and then that subsequent transcript is going to become an essential part of the discovery process as well as your case. Now, the next question is, what's the purpose of a deposition? Well, it's an opportunity for the other attorney to find out what you know. Ultimately, they really want to pin you down and determine what your testimony is going to be at trial and assess your credibility. And your deposition may even be videotaped, so always be mindful of your body language and your expressions. Now, here's a step-by-step guide to preparing for a deposition and what it means for you in the moment. First, you've got to tell the truth. You're under oath, and telling the truth and honesty are key. Remember, you're going to have to provide nearly the exact same testimony months or years later. Telling the truth is so much easier than trying to remember a lie, so be careful not to exaggerate, guess, or speculate. Just remember, tell them the truth. Tell them what you know and nothing more. Second, you've got to listen to the question. If something is unclear, ask the opposing lawyer to clarify what they mean, whether it's a word, a phrase, the question entirely. Because if you ever answer a question, we all assume that you understood the question. And third, you have to understand what the opposing attorney's role is. They're doing a job. We may not like it, but their job is to represent the insurance company and help them pay as little money as possible for your claim. Now, they may even try to get you upset and angry, because if they can do it here, they can also do it at trial. So remember to maintain your composure. Stay calm. Stay professional. Because this is the most common place where clients can either lose their case or lose value for their case. Fourth, you've got to mind your body language and expressions. Whether your deposition is videotaped or not, it's all about how you appear. There's so much more than just the facts of the case at play. It's who you are, where you come from, what you look like, and how you act. Fifth, short answers. This is not your opportunity to tell a story. We already know that everything that you say is going to be twisted and used against you in some way. So limit your answers to yes, no, or a one-sentence response. Make the other lawyer ask you the follow-up questions. Don't go off on some long tangent. And sixth, talk about your pain. Pain is something that's personal, but also subjective. And one-to-ten scales are so bad. No one knows what they mean. So when it comes to your pain, describe your pain. Tell a story about that. Compare it to something else, so that way it becomes real, not just a number or some random statistic. And finally, you need to review the transcript of your deposition with your personal injury attorney. You want to ensure that that transcript accurately reflects your sworn testimony that you have given. Now, ultimately, in personal injury cases, a deposition is an opportunity for you to sell your case to the other side. And preparing for a deposition with your personal injury attorney will ensure that you understand what a deposition is, what it means for your case, and how to conduct yourself. Depositions might seem intimidating, but the more you prepare, the less stress you'll be under. So follow these simple guidelines, and you're going to be just fine. Always tell the truth, listen carefully, and consult with your personal injury attorney. Good luck at your deposition.