As you pursue your personal injury lawsuit, there are multiple legal issues that you’ll have to address. And if you mishandle them, then you could end up being denied the compensation that you need. One of those legal issues is the deposition. Here, prior to trial, the defense will place you under oath and ask you a lot of questions about your accident and your injuries. While this is a formal process, it’s loose in that the defense will have wide latitude to ask you whatever questions they want. Your attorney can object to those questions, but ultimately, you’ll still have to answer them.
The purpose of the deposition is two-fold. First, the defense simply wants to learn as much information from you as possible. That way they gain a better sense of your theory of the case and the evidence that you’re relying upon to build your claim. Second, the defense wants to lock you into your statements. That way if your story changes at trial, even just a little bit, they can attack your inconsistencies. This has the potential of damaging your credibility and the reliability of your testimony, which may cause a jury to give your account of events less weight. This could jeopardize your ability to win your case.
Although the thought of being deposed can be stressful, there are steps you can take to prepare yourself for the process. This includes doing each of the following:
- Gaining a command of the facts: You should review the evidence prior to your deposition so that you have a firm grasp of the facts in play. This will better position you to answer tough questions in an open and honest way that protects the viability of your claim.
- Practicing your answers: There’s a good chance that you’ll be able to anticipate many of the questions that the defense will ask during your deposition. If you’re able to do so, then you should thoroughly practice your answers so that you don’t wind up saying something that could come back to bite you at trial.
- Readying yourself for aggression: The defense attorney will likely try to rile you up so that you say something that they can use against you. After all, when you’re in the heat of the moment, you might wind up saying something that you later regret. By preparing yourself for the defense’s aggressiveness, you’ll be in a better position to steel yourself against their antics.
- Focusing on succinct answers: During your deposition, you should give short answers that stick to the questions that are asked. If you volunteer information that wasn’t asked for, then you might end up giving the defense evidence that they can use against you and that they otherwise wouldn’t have acquired. So, be sure that you carefully listen to the question so that you can answer it directly.
There are a lot of legal nuances that can come into play in your car accident personal injury case. You have to effectively deal with each of them if you want to maximize your chances of recovering the compensation needed to advance your recovery and secure financial stability. But identifying the issues that can come up in your case isn’t as easy to do as it seems, which is why it might be a good idea for you to discuss your case with your attorney. That way you can develop a legal strategy that protects your interests and your future as fully as possible.