Maison Law advocates on behalf of all injured victims in California. If you have filed a civil lawsuit in a personal injury case against another person, corporation, or entity, then at some point a defense attorney will take your deposition. Preparing for a deposition can be a daunting task but with expert representation, you can feel confident and comfortable in any legal setting.
For experienced legal services, contact Maison Law today for a free consultation and case evaluation.
What is a Deposition?
A deposition is a question-and-answer session between an attorney and a deponent. In your deposition, you are considered the deponent. The defense attorney will ask you questions about the lawsuit, and you will provide answers under oath. A personal injury attorney will be with you to object to any questions you should not answer and a court reporter will also be present to write down everything said “on the record” between both parties.
Depositions are a vital part of personal injury claims. Most cases do not end up in court, so a deposition is usually the only time defense lawyers will be able to question you under oath about the details of your claim.
Depositions will typically be held at a lawyer’s office, or online. Regardless of the setting, it is common for audio and video of the deposition to be recorded. This is useful to both sides in case your claim goes to trial. Whatever is said in a deposition can be used in a trial, which is why it is exceptionally important to be prepared.
Tips For a Successful Deposition
Depositions are the mainstays of your case. The outcome of a deposition is critical to determining the direction of your case and whether or not a settlement can be negotiated. While depositions can feel like a lot of pressure, being prepared and staying relaxed will keep you on track to having a successful deposition. The following tips will help you be prepared for your upcoming deposition:
- Tell the truth: lying or giving conflicting information can severely hurt your case, as well as your credibility if you have to go before a judge or jury. Depositions are sworn testimony and lying under oath can result in a perjury charge under California Penal Code 118, or limit what can be ethically argued in your case.
- Ask for clarity: if you do not understand a question, do not be afraid to ask. Depositions can feel somewhat adverse, but they’re a two-way street. You have as much right to understand what you are being asked as the opposing attorneys do to get an answer from you. If you don’t understand something ask the defense attorney to:
- Define an unfamiliar term
- Rephrase the question
- Be more specific
- Not ask leading questions
- Relax and take your time: listen to each question carefully and take the time to think about your answer. You are under no obligation to provide a quick answer. Only you get to control how you answer and how long you take to answer. If the defense attorney pushes you to respond, you can call them out by saying, “Please do not rush me to answer. I need time to think before I respond.”
- Review all documents carefully: if you’re asked to identify any documents during questioning, you should read through them with care. Defense attorneys could intentionally present false documents that contradict your case.
- Do NOT make friends: defense attorneys will most likely come off as friendly, but they are not on your side. In fact, their friendly demeanor is usually a tactic to get you to let your guard down and say something without thinking. So, no matter how nice an opposing attorney seems, their goal is to hurt your case and your credibility.
- Never volunteer information: only provide an answer to what is asked and refrain from rambling. Your job in a deposition is to tell the truth and answer the question, nothing more. If the answer to a question is, “yes,” then simply answer “yes.” Many plaintiffs have hurt their case by volunteering information that was never asked. Also, other lines of questioning can be opened using volunteered information.
- Do not guess: guessing at something does not help your case. The answer, “I don’t know,” is a perfectly acceptable answer if you do not know something. It is common for people to want to provide an answer, but you are only obligated to tell the truth. So, if the truth is that you do not know something, then simply state you do not know.
How to Deal With an Opposing Attorney
There is no predicting what type of opposing attorney you will encounter at your deposition. Some defense attorneys may be conducting their 400th deposition and they’re just calmly going through the motions, or some may be aggressive and attempt to poke holes in your case where there are none. Some defense attorneys may also try to put words put in your mouth. This is why it is important to listen to each question as it is asked and to think before you answer.
Some defense attorneys are experts at assigning liability in the form of a question. For example, they may ask, “So, you forgot to check for oncoming traffic when you pulled out into the intersection, is that correct?” If a plaintiff isn’t paying attention and flippantly answers yes, then they just admitted to failing to exercise a duty of care to other drivers when pulling out into an intersection, thus hurting their case.
Contact a Personal Injury Lawyer in California
If you or a loved one has suffered a personal injury in California, the attorneys at Maison Law are standing by to help you get the compensation you need. We understand the enormous medical costs associated with injuries due to carelessness and we will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront fees and you do not have to pay a cent until your case is won.
