There are a lot of moving parts to a personal injury lawsuit. You have to speak to witnesses who observed the wreck, gather police reports and medical records, track your damages, talk to experts and anticipate defense arguments, just to name a few of the tasks ahead of you. Yet, one of the most nerve-wracking aspects of the personal injury claim process for many car accident victims is the deposition. Here, you are placed under oath outside of court and prior to trial and are then subjected to aggressive questioning by the defense attorney.
Although a deposition is a formal discovery tool, it can feel less formal than in court testimony. But that doesn’t make it any less important. In fact, the testimony elicited at your deposition can make a huge difference in your case. If you’re unprepared, then your answers could significantly damage your case, putting you at risk of losing your claim.
How can you prepare for a deposition in a car accident personal injury case?
Although the thought of being deposed can be incredibly stressful, there are steps you can take to ready yourself for the process and to decrease your stress. This includes doing the following:
- Anticipating the defense’s questions: The defense will have a lot of leeway to ask your questions, and your attorney will be limited in their ability to prevent you from answering them. But if you can identify the key issues and questions that’ll be asked in your deposition, then you can more fully prepare to answer them in an honest way that protects your claim. So, think through your case’s weaknesses so that you can figure out where the defense may focus its questioning during your deposition.
- Preparing for hostility: The defense attorney might become aggressive during your deposition. This is a legal strategy utilized to try to get a witness flustered so that they say something that can then be used against them in court. By recognizing beforehand that an attorney might try this legal strategy, you can prepare to steel yourself so that you don’t slip up and say something that you shouldn’t have.
- Practicing answering only the question asked: A lot of witnesses who are deposed wind up getting themselves into trouble because they volunteer information that was never asked for. This gives the defense more ammunition to use against you at trial, and the information you voluntarily share could tank your case. So, be sure to listen carefully to the questions asked and practice giving short and succinct answers that satisfy the question posed without providing more. Also, don’t try to guess at answers if you don’t know them. Simply indicate that you don’t know and move on.
- Review key records: A good defense attorney is going to have a command of the facts of your case. If you enter your case unfamiliar with relevant documentation and key facts, then the defense attorney is probably going to lay into you in a way that could be harmful to your case. As you prepare for your deposition, then, be sure to review key records and reacquaint yourself with the facts.
Know how to protect your interests throughout your personal injury case
There are a lot of speedbumps along the way of a personal injury case, and a deposition can be one of them. But you can protect the integrity of your case by engaging in thorough preparation and gaining an understanding of the law.