If you decide to take legal action after being injured in a car accident, then there’s a high likelihood that you’re going to be subjected to a deposition. This is the process where, prior to trial, you give testimony under oath. The goal for the defense here is to hammer down your story so that they can look for evidence that they can use at trial and identify inconsistencies in your account. It can be a stressful undertaking, for sure, especially given that your case can be lost if you give a bad deposition.
With the stakes so high, you have to be prepared heading into your deposition. Otherwise, you may unwittingly give problematic testimony that comes back to bite you at trial. With that in mind, let’s look at some steps you can take to better prepare for your personal injury lawsuit deposition.
Although it might feel like a deposition is completely outside of your control, it’s not. There are a lot of ways to effectively prepare for your deposition so that you protect the viability of your claim as fully possible. Here are some steps that you might want to consider taking in your case:
- Anticipate the defense’s questions: One of the best ways to prepare for your deposition is to anticipate the problematic questions that the defense will ask. By doing so, you’ll be able to craft effective answers that don’t put you and your claim in a difficult position at trial. So, as you prepare for your deposition, think about problematic facts and weaknesses in your claim. This is where the defense will try to attack you during your deposition.
- Review the facts: You need to have a command of facts relevant to your case. Review police reports, medical records and any written statements provided by witnesses. If you do this, then you’ll be better positioned to formulate strong answers to the defense’s questions.
- Practice listening: This might sound strange, but you really have to listen to the questions being asked during a deposition. If you don’t listen closely, then you could end up volunteering information that was never asked for by the defense. This information could be harmful to your case, too. So, make sure you engage in the questioning by listening to what’s being asked and only providing enough information to answer that question. If you don’t understand the question, don’t try to guess at what the attorney is getting at. Ask for clarification.
- Be prepared to suppress your emotional responses: The defense is probably going to come across rather aggressively in your deposition. One reason is to get under your skin so that you become angry and combative. If you do, then the defense might get you to say something that you didn’t intend to say, which they can then use against you at trial. Even your demeanor during your deposition can wind up being an issue at trial, so make sure you steel yourself heading into your deposition so that you can remain calm and collected throughout.
You need to present the strongest case possible. A bad deposition can threaten the viability of your claim. Therefore, you need to fully prepare yourself for every aspect of your personal injury case, including your deposition.