What to Expect in Your Personal Injury Deposition
If you file a lawsuit to recover for damages suffered after you were injured in an accident, you can expect to be scheduled for a deposition. A deposition can seem scary to some people, but in reality, so long as you are prepared, it is an important, but not a difficult step in the process of trying your injury case.
What is a Deposition?
A deposition is simply you answering the questions asked by the other side’s attorney. It is one of the rare times that you get to tell what happened to you, in your words, directly to the other side. For many injury victims, this is a great relief and even somewhat therapeutic.
Everything you say is transcribed by a court reporter. If your case goes to trial, it is vital that what you say in trial matches what you are saying in deposition. So long as you tell the truth and you don’t guess in your deposition answers, this should not be a concern.
The rules allow the other side to ask about almost anything in your background, even things that may not sound like they’re directly related to your case. You should be ready to discuss almost anything, including your education, your work history, any former lawsuits you were involved in, any legal problems you may have had, and any prior accidents or injuries you may have had.
You can also be certain that the other side will ask extensive questions about your prior medical treatment. Even if you have not had any prior injuries or accidents, the other side will likely try to find some illness or ailment to discuss. For many people, especially those who are a bit older, there is usually some history of illness or injury.
Some background questions can get a bit personal. Be prepared to answer those as well, knowing that just because such questions are asked in deposition does not mean that a judge or jury will ever get to hear those questions in trial.
About the Accident
You can obviously expect a lot of questions about the accident itself. The other side may ask you about the accident in more detail than you expect, asking exactly what you were doing every second and breaking down your accident step by step.
It is alright if you do not recall every single detail of your accident in the detail that the other side is asking–in fact “I don’t know” is an acceptable answer to deposition questions. It may be worth mentally reviewing the accident on your own, and preparing yourself to discuss it before the deposition.
Importantly, be prepared to discuss your injuries, how they limit your life today, and to discuss the things that you can’t do (or can’t do as well or as often today as you could before the accident). This is your chance to explain your limitations, your pain, the trauma you have endured, and how it affects your daily life.
Contact the consumer and injury attorneys at Jacobs Legal in Miami today for help in every step of your personal injury case.