I was recently asked what to expect at a deposition. It is a very good question.
If you are solely an observer at a deposition, you can ask no questions or object to what is being said. However, you may take notes and discuss your concerns with your attorney after the depo or during a break.
If you are the one being deposed, you follow a different path. Here are some useful points to remember.
Be prepared for the carrier's attorney to ask you anything even from way back in your past.
Be sure to follow your attorney's advice.
Be prepared to be insulted and asked any embarrassing question they can think of.
When answering questions try to answer with only a yes or no. Try not to give them any more information than you have to.
Never lie on a deposition.
If you don't know, then say you don't know. If you aren't sure,, then say you aren't sure. Even if they press you for an answer to something you don't know or are not sure of, then stick to your answer "I am not sure" or "I don't know." If you guess at something, it could impeach your credibility at some point later.
Review the facts and events in your case before you go to be sure that your answers are accurate.
Never say "never" because that can sometimes come back and haunt you. For instance: If you cannot walk most of the time, but you can every now and then, with or without assistance and with or without pain, say that you cannot walk most of the time but there are times you can walk, with or without assistance and with or without pain.
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What ever your condition is, be sure to label and describe it accurately. The carrier WILL put a private investigator on you to follow you around to try to catch you doing the thing you say you can never do. They will do this until they get you on that day when you did what that painful thing, you know - that day you disregarded of the pain and paid the conseqences later or you simply happened to be having a good day.
Never volunteer information about anything. Only answer what you are asked. Try to stay away from bringing anyone else into the conversation if possible. The more people you mention, the more people may end up being deposed by the opposition, and the more likely one of them will use words that will be twisted and used against you by the opposition. If you are asked a direct question, you have to answer it unless your attorney intervenes. Remember to always be truthful, regardless of how painful it may be.
During questioning, keep your presence of mind even when the carrier's attorney is trying to get your goat. This is important. The carrier's attorney often will try to say that your injury was due to something else, something perhaps related to something in your past. Ignore that and just answer the questions honestly.
The carrier's attorney will try to use any/everyone one and any/everything to upset you or turn things around to imply something other than what happened or what someone did or said. Just stick to the truth and try to keep answering with just a yes or no whenever possible. If you do have to answer with something other than a yes or no, keep your answer as brief as possible.
Again, do not volunteer anything you weren't asked.
If the questions upset you, try not to let the carrier's attorney know. Try to remain calm. If you are upset, either keep it to yourself or ask your attorney for a break until you can become calm.
Don't let the carrier's attorney anger you; try to refrain from angry outbursts. That signals to the carrier's attorney that you have a problem with something he asked or said and then he will try to use it against you whether it is relevant to your case or not.
Often these depositions are just to intimidate you. Even if it does intimidate you don't show it. The more you stick to the yes and no answers and refrain from showing emotions, particularly if a question bothers you, the sooner the deposition will be over.
I know it is hard but remain as calm as possible and remember that you have done nothing wrong. Often the carrier's attorney will try to make you feel guilty for having an accident at work. Don't let that happen. You have done nothing wrong. Don't worry about anything the carrier's attorney may imply. It may or may not be true.
Ask your attorney questions about anything you may be unsure of before you go to the depo.
Most of the time your attorney or his paralegal will go over your deposition information with you before you have the depo. If you are uncomfortable and your attorney has not talked with you about your depo, give his office a call and let him know you are uncomfortable about the depo.
Try to review dates, times, and events around your injury just to be sure you remember correctly. Many times your depo is months to years after your injury. Over that period of time it is easy to not remember things or not be completely sure exactly what happened. There is nothing wrong with a refresher of the facts before you go to the depo. In facts, it's a very wise action.
It may seem like the depo is taking forever but just remember that the sooner you answer the questions, the sooner it is over. Again, just remain calm and be totally truthful.
Don't answer questions you are not sure of with anything other than "I don't know" or "I am not sure."
If you have any other questions please feel free to ask them. top