Tips for Preparing for a Personal Injury Deposition

As a plaintiff in a personal injury case, you will likely reach the deposition phase of your case. The deposition is where both sides have an opportunity to question one another, examine witnesses, and unravel the evidence to see who has the stronger case. It is imperative that you, the plaintiff, spend time with your attorney preparing for a personal injury deposition. While they are more informal than a court hearing, what you say is on the court record and could be used later at trial (if your case progresses to that phase).

What is the Deposition?

Depositions are informal question and answer sessions. However, the individual asking you questions will be the defense’s attorney. He or she will ask you questions; then you will respond to that question. Your attorney is present during the deposition, and the entire session might be videotaped or voice recorded. A court reporter is present to type up a transcript of the deposition’s events.

The defense has a right to know what information you have about your incident and the extent of your injuries; therefore, after filing a personal injury lawsuit, you must oblige their deposition request. The deposition can include specific questions about your impressions, recollections, emotional and mental state, and personal background.

Types of Questions a Deposition is Likely to Include

  • General Background: This involves your name, address, when you were born, members of your family, employment history, and your education.
  • Physical Condition Before the Injury: The defense will want to know your physical condition before the injury or if you had previous injuries. They will compare that information to your status.
  • Accident Details: The defense will ask about how the accident occurred, if there were witnesses, whom you talked with, and your recollection of the events leading up to that accident.
  • Your Injury: Lastly, the defense will ask about your medical treatments, prognosis, and how the injury has affected your life.

How to Prepare for a Deposition

In a personal injury case, it is imperative that you go to your deposition adequately prepared, and it is your attorney’s job to prepare you. According to tjryanlaw.com, if you have more questions concerning your deposition, do not be afraid to ask your attorney questions about the process and your rights during the questions and answers.

Some things to remember when preparing include:

  • Always be honest. Never exaggerate your answer.
  • If you do not know the answer, tell them that you do not know instead of guessing.
  • Only answer the question and do not divulge any further details.
  • Remain calm and never show aggravation, even if personal questions are asked.
  • Dress appropriately and make a good impression.

For assistance with your case and preparing for a deposition, contact an injury advocate from Udall Shumway, PLC.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you or someone you know wishes to seek the help of an experienced personal injury attorney regarding Preparing for a Personal Injury Deposition, or other personal injury matters, call Mesa AZ Personal Injury Attorney Clark R. Richter at 480-461-5321 or contact him at crr@udallshumway.com for a free consultation to discuss your rights and options. Udall Shumway PLC is located in Mesa, Arizona and is a full-service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.