Deposition is defined as oral response to questions. It is common that a personal injury lawyer Naperville IL trusts will also type up interrogatories, a long list of questions you have already supplied them with answers to. Just like actors need to stick with the script on a stage or screen, it is wise for you to review this material before you are interviewed by the opposing attorney. If you do not chose your words carefully, you could contradict yourself. In rare instances, you could be videotaped. Ask your attorney if this is likely. Either way, some find practicing in front of a mirror or having someone videotape some common questions can help you project confidence.
Here are some simple tips to breeze through a Personal Injury Deposition with minimal stress:
1. Remember this is not a conversation! It is a scripted interview where every word will be recorded by a court reporter. Never give them an essay, simply a short sentence that only covers specifically what was asked.
2. Take some breaths. After a question is asked, two things should occur. You should mentally replay every word of the question. If anything is confusing, ask for them to clarify.
3. If they mention a specific accident, procedure, test or doctor visit ask if you can review documents they are referencing: A. police report B. medical record C. deposition already done on physician or accident witness. A personal injury lawyer will show you some documents that will be relevant in your specific case.
4. Don’t be tempted to “fill in the gaps.” It’s normal to not have exact recall of events that were traumatic or that happened long ago. It is better to say, “I do not recall that doctor visit,” than to keep going if you don’t have good recall of the visit in question. It’s alright to admit if you don’t remember something! If you make a mistake, simply say, “I misspoke, Can we go back to the last question, so I can clarify?”
5. Be alert to patterns in the questions. One tactic is for the opposing counsel to ask you a series of “easy” questions that all require “yes” responses. Then they could throw in a difficult question that you could blurt out “yes” to also, if not paying close attention
6. Just because they ask a “Yes,” or “No,” question you may respond with a short phrase instead of being pressured to respond with only “Yes” or “No.” Say your case involves a leg injury to your right leg from an accident. If you responded, “Not that I recall,” to the question, “Have you ever injured your right leg before?” instead of “No,” then if the other side finds medical records of a long-ago sport accident to that same leg that can be clarified. Once you say, “No,” the other side can try to suggest to the judge or jury you are not telling the truth or your recall is poor.
7. Every hour or so, request a break for water, snacks or the bathroom. Just like a coach carefully times when a team uses a “time-out,” you can plan these to occur when the process is the most stressful or confusing.