With the assistance of your attorney, you have filed a lawsuit to recover damages for the personal injuries you sustained in a car accident caused by another person's negligence. Now, you have been served with a subpoena by the insurance company who insures the person who injured you to attend a deposition. You're probably asking yourself what a deposition is and how you can prepare for one.
A deposition is a formal question and answer session that is recorded by a court reporter. In this case, the attorney who represents the other side's insurance company will ask you a series of questions relevant to your accident and the damages you incurred. This Q&A session is formal in the sense that you will be under oath, and the questions asked and answers you provide can be used as evidence in your personal injury trial. This will probably be one of if not the only time during litigation that another party's attorney can ask you questions directly.
While your attorney can and should accompany you to the deposition, there is little he or she can do to affect the questions you are asked and the answers you provide. Even if your attorney does object to some of the questions (which they must do to preserve the objection at trial), you will probably have to answer the questions anyway. Accordingly, your attorney's main objective is to prepare you for the deposition.
The process of preparing for a deposition begins with consulting your attorney prior to the deposition. Your attorney should familiarize you with the personality of the attorney who will be asking you questions. By doing so, you will know what to expect and not be caught off-guard if the other side's attorney comes-off rude and arrogant or friendly and compassionate.
The most important part of preparing for your deposition, though, is gaining a solid understanding of your injuries and medical records. Your medical records are going to be the primary topic of the deposition questions. Have your attorney go over all of your medical records pertinent to your accident with you, and ask your attorney any and all questions you may have. You do not want to seem uninformed or confused about the injuries you sustained in your accident and how severe they are.
Your lawyer should also go over your medical history with you. You must be truthful in your deposition responses, but you also want to be extremely specific. Avoid sweeping statements that are probably untrue, like “I have never had back or neck pain in my life prior to the accident.” Rather, be prepared to fully explain how your accident exacerbated any pre-existing conditions you had and how the worsening of this condition will affect your future personal and professional life.
Finally, try to remember to remain calm at all times during your deposition. Today, many depositions are video recorded, and you do not want to appear overly nervous or agitated. This can give the appearance that you are not being honest or have something to hide which can hurt your case at trial.
If you or a loved one was injured in any sort of accident, you should contact a qualified personal injury attorney immediately. At the Law Office of Jeremy Rosenthal, our lawyers have years of experience representing accident victims and we will fully prepare you for your deposition. Our attorneys are dedicated to fighting for your rights and the compensation you deserve. We will thoroughly investigate the cause(s) of your accident, including all parties who could be liable, and will help you understand your rights and legal options.
For a free consultation with one of our knowledgeable Colorado lawyers, call us today for a free consultation at (303) 647-4511 or visit us online.