Very simply, a deposition is a proceeding that takes place at your lawyer’s office. It is a question and answer session. The lawyer hired by the insurance company will get to question you with your own attorney present. The answers will be recorded by a court reporter. All of the questions and answers will then be typed up into a booklet called a deposition transcript. The lawyer for the other side will have that transcript with him at trial and he could use the deposition transcript to show that you said something different at the time of the deposition to try and show that you were exaggerating or lying.
Therefore, it is important that you follow some basic rules. The most important rule is simply to tell the truth. It is important not to lie or exaggerate during your deposition. Many clients think that they have to lie or exaggerate in order to "prove" their case. Unfortunately, that is a mistake. It is better for you to be honest and credible. A simple example is the following. If you did not miss any time from work following your accident and you are asked at the deposition whether you missed time from work - if you give a false answer stating that you lost time this can come back and bite you. The insurance company's attorney may be able to obtain documents from your job showing that you did not miss any time. The attorney will then be able to use your statement to argue to the jury that since you were lying about missing time from work you may also be lying about other facts in your case.
In a routine injury case, you will be asked some preliminary background questions. You will be asked questions about the accident. You will also be asked questions about your medical treatment as well as the nature and extent of your injuries. When being asked questions about the facts of the accident I have noticed that many clients are very inaccurate with measurements involving distance and time. Some clients will use the word minutes when they really mean seconds. It is important to be as accurate as possible, but it is better to say that you don't know something then to give a wild guess.
As to your injuries, you will be asked questions about all the things you can no longer do at all, as well as the things that you are limited in doing. For most clients, the number of things they are limited in doing will be a much greater than the number of things that they cannot do at all. For example, it is not accurate to say you cannot walk or sit if you really mean to say you are limited in the amount of time you can engage in these activities.
Generally speaking, most people have three parts to their lives. They have work activities. They have home activities. And they have recreational activities. It is helpful if clients give some thought to their limitations before the deposition and have some examples of limitations they are currently facing in the various areas that constitute their lives. For example, it may be difficult to sleep in a certain position or it may be difficult to exercise. It may be difficult to perform certain activities at work or at home including activities involving chores such as cleaning, gardening, and shopping due to the injuries. In most instances, it is better to be able to give more examples of how the injuries have affected you and limited you in your routine activities.
It is very important that you choose a lawyer with experience in handling all aspects of your personal injury case. At Druckman & Hernandez, we have been handling these types of claims for over 20 years. If you have been injured do not delay in contacting us, as your claim may be lost if you wait.