What Happens During a Deposition?

When you suffer injuries in an accident due to another’s negligent behavior or actions, you and your lawyer might decide that you should take your personal injury case to trial to get the compensation you need and deserve. However, before your court hearing, you will likely find out that you must attend a deposition.

Many people have never heard of a deposition before and automatically become nervous or worried when their attorney mentions it. Therefore, one of your personal injury attorney’s goals is to ensure that you are fully prepared and ready when your deposition date arrives.

What is a deposition, and am I required to attend?

A deposition can be described as a legal interview. During this type of interview, the defendant’s legal team will ask you certain questions regarding the accident and the extent of your injuries. The deposition is part of the discovery phase, which allows both the defendant and plaintiff’s legal team to learn what type of information may be used against their client during the trial and to gain a better idea or understanding of the individual’s character or personality.

Therefore, it is crucial that you remember not to let their tricks, tactics, or statements make you upset or angry, as this is likely their plan. If you allow yourself to become easily agitated, you may appear to be a hostile type of person to the judge or jury.

As the plaintiff in a personal injury lawsuit, you are required to attend and answer the questions asked in the deposition. Although you may feel stressed and overwhelmed about this upcoming interview, you cannot request to skip it.

The deposition process

On the day of your deposition, you will be asked to go to your lawyer’s office, which is most likely the place where your deposition will take place. Your attorney will be present with you, and you may notice the defendant and their lawyer there as well. There will also be a court reporter who will be typing out everything that is said throughout the entire deposition. These typed statements will become official legal documents that may be used as evidence during your trial.

Once the deposition begins, you will be asked many questions about the accident, injuries, medical treatments, your quality of life, daily activities, health and well-being, and more. You will be under oath, which means that you cannot refuse to answer a question or tell a lie. If you do not understand a question or need some guidance, your lawyer will be by your side to help you answer the question to the best of your ability. It is recommended that you remain honest throughout the entire interview, and if you do not know the answer to a question, simply state that you do not know the answer and may need to come back to that question.

The series of questions will continue until the defendant’s attorney feels like they have asked you enough. Then, they may call upon witnesses to ask them questions and find out what exactly they know about the accident and your injuries. After your deposition is completed, your lawyer will likely begin the deposition process with the defendant.

Examples of questions that might be asked in a deposition

There are a variety of questions that the defendant’s legal team may ask you during a deposition. Here are some of the most common ones:

• What is your name, address, and date of birth?
• Where were you born, and where did you attend school?
• What is your highest level of education?
• Are you married, or do you have any children? If so, how many?
• What type of work do you do?
• What were you doing on the day of the accident?
• Where were you going before the accident occurred?
• Was anyone with you when your accident happened?
• What types of injuries did you suffer from the accident?
• Did you seek medical treatment?
• Did you take any time off work due to your injuries?
• What does the doctor say about your injuries?
• What is the prognosis of your injuries?
• Do you have other injuries that are unrelated to this accident?
• Have you ever filed a lawsuit before?
• Have you been in another accident before?

How to prepare for a deposition

Depositions are an important part of the personal injury legal process. Even though it may seem minor, this interview actually helps both the plaintiff and defendant learn new information and gain insight into what may impact the results of their case. Your attorney will make sure that you are ready and prepared for your deposition. The following are a few of the ways you can do this:

• Look over all your medical records, accident reports, police reports, and other evidence pieces
• Think about everything that happened during the accident and at your medical appointments
• Ask your lawyer any questions or discuss any concerns you have about the deposition
• Participate in a mock deposition with your attorney
• Try to make your answers to the deposition questions as short as possible (this ensures that you do not say too much, which could lead to mistakes in your answers).
• Relax and rest your mind as the deposition gets closer

You should dress and present yourself professionally at your deposition. This means that you should wear something similar to what you would wear if it was a trial. The reason for this is that the defendant’s legal team is looking at everything about you, including the way you carry yourself. You want to show them that you are a professional person and take your case very seriously.

Participating in a deposition can be extremely nerve-racking, but an experienced and skilled personal injury lawyer from Barry, Taylor & Levesque will ensure that everything remains as smooth and stress-free as possible for you. Our team has assisted many clients through the deposition process. Therefore, you can count on us to know and understand what these legal interviews entail and how to handle any challenges or obstacles that may arise. All you have to do is call our office or submit our contact form to schedule your free consultation today. We serve clients in Hartford and Manchester, CT, for your convenience.