A deposition is a testimony given under oath in front of a court reporter who records and transcribes everything said. A personal injury deposition allows the other party’s attorney to question you about the details of your accident and injuries.
Depositions are a crucial part of the discovery process. They allow the defense to evaluate the strength of your case and potentially find weaknesses or inconsistencies in your story. This is why it’s important to thoroughly prepare for your deposition with your Las Vegas personal injury lawyer.
Who Will Be Present at the Deposition?
At your deposition, there will likely be several people in attendance.
The Defense Attorney
The attorney representing the defendant (the person you’re suing) will be there to ask you questions about the incident. They’ll try to poke holes in your story and catch you in an inconsistency, so be prepared for some tough questioning.
The Court Reporter
A court reporter will be present to record and transcribe everything said during the deposition. They’ll type up an official transcript that can be used as evidence in your trial, so speak clearly and avoid mumbling your answers.
Your Attorney
Your personal injury attorney will be right by your side during the entire deposition, objecting to inappropriate questions and ensuring your rights are protected. Don’t answer a question until your attorney has finished objecting, and feel free to ask for clarification on anything that confuses you.
You – The Plaintiff
As the plaintiff, the main purpose of the deposition is for the defense attorney to evaluate you as a witness. Dress professionally, listen carefully to each question, and answer truthfully to the best of your ability. Your testimony, demeanor, and credibility will all be under scrutiny, so try to stay calm and composed.
What Types of Questions Will Be Asked?
The questions asked during your deposition will try to gather details about the incident that caused your injuries. The defending party’s attorney will probe into the specifics of what happened to determine liability and evaluate the merits of your claim. Some of the questions you can expect include:
Questions About the Accident
The attorney will want to know exactly what occurred to cause your injuries. Be prepared to provide details about where you were, what you were doing, and how the events unfolded. Describe the sequence of events leading up to and including the accident. They may ask seemingly insignificant questions to try and poke holes in your story, so stick to the facts.
Questions About Your Injuries
You will be asked to describe your injuries in detail, including the types of doctors you saw, tests you underwent, and treatments you received. Be ready to discuss your pain, symptoms, diagnosis, prognosis, and recovery process. Have records from all healthcare providers ready in case they ask to verify your claims.
Questions About How Your Life Was Affected
The attorney will want to understand how significantly your injuries impacted your day-to-day life. Be prepared for broad questions about how your routine, relationships, work, and activities have changed as a result of the accident. Discuss both physical limitations as well as emotional impacts from trauma or stress.
Personal Injury Deposition Etiquette and Dos and Don’ts
Attending a deposition can be an uncomfortable experience, especially if it’s your first time. However, following proper etiquette will help put you at ease. First, dress professionally like you would for a job interview. Look the part of a credible witness.
Be on Time
Show up a few minutes early. If you’re late, it reflects poorly on you and can irritate the attorneys. Stay calm if you encounter traffic or parking issues. Call ahead to let them know you may be a few minutes behind schedule.
Be Polite
Address the attorneys as “sir” or “ma’am” and the court reporter as “ma’am.” Say “please” and “thank you.” Do not interrupt or argue. Remain courteous even if the questioning becomes heated. Take a few deep breaths to keep your composure.
Avoid Non-Verbal Cues
Your body language and facial expressions can reveal more than your verbal answers. Maintain an upright but relaxed posture. Make eye contact and engage with the attorney, asking questions. Avoid nervous behaviors like fidgeting, leg shaking, or nail biting. Remain as neutral and composed as possible.
A Las Vegas Personal Injury Lawyer Can Help You Prepare
Going through a personal injury deposition can be stressful, but by understanding the process and working closely with your attorney, you can feel more at ease. Answer honestly, listen carefully, and remain calm. Don’t hesitate to ask for clarification if needed.
With the right preparation and advice from a skilled Las Vegas injury lawyer, your deposition testimony can be an important step toward achieving justice and fair compensation. Call our firm today at (702) 789-6668 for a free case review.