Tips for Giving a Deposition in a Personal Injury Case

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A deposition is your out-of-court testimony provided orally which is then reduced down into writing for later use, perhaps in pre-trail or in court. It’s used as a way to provide information and evidence in legal proceedings. Depositions usually take place at the office of the court or at the law firms involved. Those in attendance include the deposed (the person giving the deposition), their attorney, court reporter, and possibly other parties involved in the case (or their legal representation). It’s a very important part of the process in a personal injury case, as it is when evidence is gained for the upcoming negotiations.

When giving a disposition you should do the following:

  1. You must always tell the truth – you’re under oath and anything you say may well be used later in court. Do no complicate your case by exaggerating or telling half-truths. Stick to the facts.
  2. Do not guess – this is in the same vein as #1. It’s always better to be truthful and say if you don’t know or are not sure about something, rather than guessing.
  3. Listen carefully – you need to ensure you listen to the question at hand so you can ensure you’re answering it. You can ask them to repeat if necessary.
  4. Pause after the question – your legal representation may object to the questions being asked, so give them the opportunity to do so. They’re the experts in this field and know what you should and shouldn’t be questioned about.
  5. Answer – when answering try and be as succinct as possible. Provide them with the information they need but only answer the current question.
  6. Keep Calm – try not to get too flustered. Don’t argue, get upset, joke, or get angry. That will not help your case. If you find yourself getting harassed, take a deep breath and give yourself a moment. If you’ve stuck to step #1, you’ve no reason to be nervous.

Your attorney will be able to give you further information about how to approach your deposition based on your individual case. If you’re looking for experienced representation then contact Franco Firm.


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