A personal injury deposition could be the most uneasy part of a personal injury litigation for a majority of the people. However, having a dependable attorney from a law office like Carton Law Office on your side may help lessen your worries about the case. Follow these simple steps to lessen the discomfort in a deposition:
Please make sure that you dress the way you would for the actual hearing. Always remember that the person questioning you would try to figure out how you fare and based on your answers he will draw a conclusion.
If you wish to take a break go for it. Try discussing in advance with your personal injury attorney beforehand regarding this. Most of the states allow a break during a deposition.
Deposition is not time constrained. Please take your time before answering a question. Give a thought to the question and then answer.
Don’t be proactive in answering the questions because the person questioning you is not your friend. You should not assist him or her in discovering other aspects so that further questions could be raised. It is better to speak as little as possible. But try to be faithful while not adding any extra information.
It is very important that you speak the truth and consider the person questioning you is already aware of the truth. Depositions aim not only to unearth information but also record the answers in testimony so that you could be disqualified in the trial. A personal injury attorney will confirm that any inconsistency between both the versions it is a great demerit for you.
It is always recommended to answer in short. Mostly answers should be in ‘yes’ or ‘no’. No extra information should be given out while answering the questions.
You should not be more than willing so that the questioner can find out any information. Do not hold back in saying ‘no’ when you do not know an answer. If he asks you to find an answer, please answer as honestly as possible.
Always remember never to argue with the questioner because your personal injury lawyer will anyway raise a legal objection when necessary. Personal injury lawyer from Metairie area motorcycle accident attorneys can be patient enough to listen and give you legal aid.
Be cautious while discussing with the other lawyer or insurance company adjuster so that you do not disclose any sensitive information during a break. You may be questioned about them while on record, later on.
Often in a personal injury deposition there would be questions which need detailed answers with listings of events and things. All answers, regarding the injury and tasks, which you are unable to perform post the accident should be given carefully. You should answer in “as of now all I can remember is this” or similar phrases. This helps you from looking deceptive.
Always discuss in details with your personal injury lawyer how you would go about answering questions about your injury. Be ready to answer questions regarding the type of pain you have, the gravity of the pain, whether it is constant or occasional, where it hurts etc.
Always beware of tricky questions. If you answer in negative to a question about how you are feeling today, they would raise a doubt regarding the treatment which you had received. If you answer yes, then probably they will make out that your injury does not qualify to be compensated with a lot of money. Always be crystal clear in answering the questions and if it still aches say so.
You should be extra careful in answering questions related to the time. If you can tell the specific time, be prepared to answer how you know the exact time of the incident. If for some reason it turns out to be different in the hearing or contradicts with other witnesses, then you might be in a tight spot.
Please do not assume things. If you do not know an answer please say no. It is not a matter of shame when you do not know something. If the questioner asks you to guess then take a permission from your personal injury lawyer before answering and never forget to inform that you are just guessing and the answer is tentative.
It is very important to constantly remind yourself that the person questioning you is not your friend. However, he/she can have a great bearing on the insurance company agent in arriving at a settlement or go for a trail. Hence, it always pays to be very polite to the questioner.
Apart from an injury claim, you may also consult a disability claim lawyer if you qualify for additional disability benefits, especially if you are unable to work for a while due to the injuries you sustained.