Whether you are an accident witness or a personal injury case plaintiff, you must prepare for your deposition. A lot of people think that they can easily all questions without issues. But this may not be always the case and can lead to a stressful deposition experience. A little preparation and legal advice can make sure your deposition goes smoothly and quickly.
A deposition is a process where you give a witness testimony under oath out of court. Whether you are a plaintiff, defendant, or witness, you may be deposed. While this process takes place out of court, it can feel quite formal. You may even get an official subpoena. Attorneys must follow a lot of procedures when deposing witnesses.
What is a Deposition For?
A deposition is carried out depending on the strategy of an attorney and the specifics of your personal injury case. Deposing a witness may be done to find out the information the witness knows, compel the witness to give statements under oath, identify new evidence that can support your case, and discredit a witness or expose their unreliability.
If the defense lawyer is deposing you as the plaintiff, the defense takes this as an opportunity to hear your account of what occurred before trial. Under state law, the defense lawyer can’t speak to somebody represented by an attorney about the case. Also, your testimony may affect the chances of the defense to make a settlement offer and how much settlement they will offer.
Increasing Your Chances of a Successful Deposition
Your attorney can anticipate the kinds of questions the other side may ask you. They can prepare for certain issues related to your case. Ensure you listen to your lawyer’s advice and prepare with them. Here are tips you should keep in mind:
- Review your testimony. In the days and weeks that lead up to your deposition, review your testimony. Memories can face after a while, particularly depending on your case timeline. By reviewing your testimony, you can refresh your memory and make sure you give accurate answers.
- Limit your testimony. At the deposition, answer only the question asked. This way, you don’t give too much information that can be used against you or discover helpful evidence for the other side.
- Stay calm. The defense will want to know if they can upset or rattle you. But you should not allow them to lose your confidence. Remain calm and answer every question confidently.
