The vast majority of personal injury cases are resolved through negotiation and compromise rather than going to trial. However, not all of them can be settled that way.
If your case proceeds closer to trial, you may eventually find yourself giving a deposition. A deposition is part of the pre-trial discovery process where both parties gather information from people under oath. While this can feel like a daunting experience, early preparation can help ease your mind – and your nerves.
What steps should you take to get ready?
Your attorney will be there to protect your rights and object to any questions they feel are inappropriate or outside the scope of the discovery, but they cannot answer for you or tell you how to respond. With that in mind:
- Review your case: Go back through all the key facts of your case, including your medical records, the accident report and any statements you’ve previously made. Make sure you have as many of the details of your case as fresh as possible in your mind so that you can give clear, concise answers.
- Be very truthful: Even if something seems harmful to your case (like if you were not wearing a seatbelt in a car accident), be prepared to answer honestly. It’s far more damaging to your credibility and your case to be caught in anything resembling a lie.
- Practice pausing: The opposing side may try to trip you up and lock you into a specific narrative by asking confusing questions, so practice pausing after a question is asked. It’s better to ask for clarification or simply say, “I don’t know,” or “I don’t remember” than commit to an answer when you’re uncertain. In addition, pausing allows your attorney to object if that’s necessary – before you go on record with an answer.
- Practice maintaining composure: It can be tough to withstand uncomfortable, pointed or occasionally sarcastic questions without losing your cool – but it’s essential. Part of what the opposing side is watching is how well you handle yourself under pressure. A calm, cool demeanor is always beneficial.
The more that you know about what to expect in a personal injury claim, the easier it is to prepare yourself for the struggle ahead. Experienced legal guidance can always make the process easier.