WHAT YOU SHOULD KNOW REGARDING YOUR DEPOSITION
- Dress the same way for your Lake Worth car accident deposition that you would dress for court. Make sure to remain calm and courteous. Do not become argumentative or lose your temper with the defense attorney. Make sure you are represented by a car accident injury lawyer or attorney.
- When asked a question by the defense attorney make sure to answer the question completely but only answer the question. Do not offer additional information just because you think it's helpful. It's the defense attorney's job to ask you specific questions and it is your job to respond to the defense attorney with specific answers.
- If you do not remember something such as an event or particular occurrence, do not feel pressured to make up an answer. Your testimony is under oath which means if you do not remember something you have to say, "I don't remember."
- The same thing applies if you do not understand the question. If you do not understand the question, do not make up an answer. Let the defense attorney know that you do not understand the question and asked them to restate the question in such a manner that you do understand it. If still you do not understand the question, then simply tell the defense attorney that you do not understand the question and therefore cannot answer. If the defense attorney asks you a question that is impermissible, you car accident injury lawyer or attorney will object.
- Do not exaggerate your answers. Defense attorneys will sense that you are exaggerating and will use that against you either at the deposition or in court.
- The deposition is as much about listening as it is about answering questions. If the defense attorney asks you a question that makes reference to facts that are not accurate or true, let him or her know that the question is misstating the facts and cannot be answered as it has been asked. If the defense attorney asks you a question that is impermissible, you car accident injury lawyer or attorney will object.
- Never guess on such things as distance, speed, time, momentum and/or measurements unless you are absolutely sure. Most of the time these specifics are left to experts.
- If you are asked by the defense attorney to sketch a diagram of the accident, do so. But (if true) indicate to the defense attorney on the record that the diagram is being done to the best of your recollection and cannot be used in the place of an expert opinion.
- Do not look to your car accident injury lawyer or attorney for assistance. If there is a legal basis to object to the defense attorney’s questions, your attorney will do so at an appropriate time.
- It is my suggestion that you think carefully about the changes in your life that the injury has caused. It would be helpful to explain with some detail in what activities you are no longer able to engage since the accident and what opportunities you have missed.
- You may be asked questions about your past medical history. It may be wise to print a list of past medical intervention and doctors. Study your list so that you do not misstate the facts during your deposition.
- Remember to be honest and truthful. The defense attorney will be looking to your character and appearance as much as the information you provide. Do not exaggerate, indulge, misstate facts, or provide unnecessary or unhelpful information just because it makes you feel good. Your car accident injury lawyer or attorney will be at the deposition to help protect you against verbal abuse.
All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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