Navigating a personal injury case can be a complex and stressful process, especially when it comes to giving a deposition. Understanding what a deposition is, its purpose, and when it occurs will help you feel more prepared and give a better deposition. In this blog post, we will walk through these basics and outline some common pitfalls to avoid during your deposition.
What is a deposition?
A deposition is sworn, out-of-court testimony given by a witness in a legal proceeding. It is part of the discovery process, where both sides gather information to build their cases. The testimony is given under oath, just as it would be in a courtroom, and a court reporter records everything that is said.
What is the purpose of depositions?
The primary purpose of a deposition is to gather information from the witnesses and parties involved in the case. This helps lawyers to understand the facts and prepare their legal arguments for trial. It also preserves a witness’s testimony. Finally, attorneys use depositions to assess how credible a witness may appear to a jury, which can impact settlement negotiations or trial strategy.
When do depositions happen?
Depositions occur during the discovery process, i.e., after a lawsuit has been filed but before the case goes to trial. This is a critical phase in the litigation process, as it allows both parties to gather detailed information from the other side. Depositions can take place in a law office, conference room, or any other agreed-upon location, but never in a courtroom.
What happens during a deposition?
Depositions follow a structured format, which starts with the swearing in of the person being deposed, or deponent. Next, the attorney for the opposing side asks the deponent a series of questions. During the deposition, the deponent’s attorney may raise objections to certain questions; however, the deponent is often still required to answer unless instructed otherwise by his or her attorney. Once the opposing attorney is done, the deponent’s attorney has an opportunity to ask questions if necessary. If that occurs, the opposing attorney will have one more chance to ask additional questions raised during those exchanges. Finally, a written transcript of the deposition is created by the court reporter, which can be used in court if the case goes to trial.
What do depositions cover?
In personal injury cases, the most common questions revolve around seven general categories:
- Biographical details: Questions about your life, family, job, community involvement, education, and other biographical details are designed to determine your connection to the city or county where the trial will be held. By exploring your ties to the community—such as how long you have lived there, your involvement in local activities, and your employment history—the opposing counsel can assess whether the chosen venue could potentially influence the jury or the outcome of the case. This line of questioning can also reveal whether there might be any bias, either for or against you, based on your local connections.
- How the accident took place: Understanding the exact circumstances of the accident helps establish liability and determine who is at fault. This information is crucial for building a case for or against negligence.
- Your injuries: Details about your injuries, when they began, and how they affected your day-to-day activities are essential to assess the severity of the harm and to calculate appropriate compensation for pain, suffering, and medical expenses.
- Your treatment: Information about your medical treatment, including the types, frequency, and duration of care, provides evidence of the seriousness of your injuries and the efforts made to recover.
- Pre-accident health / prior incidents: Pre-accident health details are explored to determine whether any previous conditions could be responsible for or contribute to the injuries claimed. The same goes for any prior incidents like car crashes that may have occurred.
- Post-accident incidents: Post-accident incidents are examined to assess whether any subsequent events might have worsened your injuries or impacted your recovery, which can affect the calculation of damages.
- Non-economic damages: Questions about the impact the injuries had on your daily life, including physical, emotional, and psychological effects, are asked to understand the non-economic damages that may be presented at trial. This includes pain, suffering, mental anguish and inconvenience.
What are some common pitfalls in depositions, and how can I avoid them?
Now that you understand what a deposition is, it is important to familiarize yourself with common mistakes people make during depositions. Here are some pitfalls to watch out for, along with tips on how to avoid them.
- Not preparing adequately: One of the biggest mistakes you can make is not preparing thoroughly for your deposition. Going in unprepared can lead to inconsistent or incomplete answers, which can damage your credibility.
How to avoid it:
- Meet with your attorney: Schedule time to review the details of your case with your attorney. Discuss the likely questions you will be asked and how to respond.
- Review documents: Familiarize yourself with any documents related to your case, such as medical records, accident reports, and previous statements you have made.
- Practice: Thinking about and answering questions pertinent to your case will help you feel more comfortable, which will ultimately result in a better deposition.
2. Providing inaccurate or inconsistent information. Inaccuracies or inconsistencies in your testimony can be used against you in court. Opposing counsel may attempt to highlight any discrepancies to undermine your credibility.
How to avoid it:
- Take your time: Do not rush your answers. Think carefully before responding to each question.
- Stick to the facts: If you are unsure of an answer, it is better to say, “I do not know,” rather than guessing or speculating.
- Clarify when needed: If you do not understand a question, ask for clarification before answering. For example, if you went to physical therapy two different times over a span of years, make sure to clarify which round of therapy you’re being asked about.
- Over-talking or volunteering unnecessary information. Another common mistake is over-talking or volunteering information that was not specifically asked for. While it may seem helpful to explain your answers, this can work against you by unknowingly providing ammunition for the defense.
How to avoid it:
- Answer only the question asked: Keep your answers concise and to the point. If a simple “yes” or “no” suffices, stick to that.
- Wait for follow-up questions: If the opposing attorney wants more information, they will ask follow-up questions. There is no need to provide extra details unless specifically asked.
- Displaying signs of anger, frustration, or nervousness. Depositions can be stressful, but showing signs of anger, frustration, or nervousness can hurt your case. It can give the impression that you are hiding something, are unsure of your testimony, or may not present well in front of a jury.
How to avoid it:
- Stay calm and composed: Remember that the deposition is a formal legal proceeding. Take deep breaths and maintain a professional demeanor.
- Take breaks if needed: If you feel overwhelmed, it is okay to ask for a break to collect your thoughts.
- It’s not personal: Remember, the attorney on the other side is just doing their job and asking the questions they need to ask. No matter how intrusive or unrelated a question may seem, the calmer and more composed you are, the better it is in the long run.
- Not listening carefully to questions. It is easy to misinterpret a question, especially if you are nervous. Answering a question you did not fully understand can lead to mistakes in your testimony.
How to avoid it:
- Listen carefully: Pay close attention to each question before answering.
- Ask for repetition: If you did not hear or understand a question, do not hesitate to ask the attorney to repeat it.
- Clarify if uncertain: If a question is unclear, ask for clarification before responding.
Giving a deposition in your Virginia personal injury case can be a challenging experience, but with the right preparation and mindset, you can navigate it successfully. By avoiding common pitfalls and working closely with your attorney, you can ensure that your deposition goes smoothly and strengthens your case.
If you have been injured in an accident through no fault of your own, you may be entitled to compensation. For a free and confidential case evaluation, call the compassionate lawyers at Allen & Allen today, at 866-388-1307.
