May 14, 2021
One of the most important stages in any personal injury case for a Plaintiff is giving a deposition. If you are giving a deposition, it means the case is now in the courts and the Defendant (or their insurance company) has hired an attorney to defend them. The deposition is the first time Defense counsel gets to meet you. As the saying goes, you only get one chance to make a good first impression. The attorney will be determining the type of witness you will make before a jury. The value placed on your case by the defense will be determined in large part on how well you are able to communicate during your deposition. Preparation with your attorney is very important. Some of the basic rules of testifying at a deposition are to be truthful and accurate, never to guess in response to a question, to respond that you do not know an answer when that is the case, and to wait for instructions from your attorney should he or she object to a question. Always be polite, but confident, and remember that what you say at a deposition can be used to impeach you at trial should your trial testimony differ from the deposition. The key to being deposed is to prepare well in advance of the deposition with your attorney. While your attorney is there to support you and make objections, he or she cannot answer the questions. Prepare and take the deposition seriously, and the outcome will almost always help your case.