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Are you utilizing depositions to your advantage?

On Behalf of | Nov 4, 2021 | Insurance Law |

A lot of success in insurance defense comes from thorough preparation. After all, you can’t properly advocate for your position if you don’t know all the facts of your case and what the other side is going to argue. This is why law firms like ours put in extensive efforts to ensure that no stone is left unturned in insurance litigation, which means that thorough discovery is conducted.

Using depositions to your advantage

There are a lot of pieces to discovery, but one of the most powerful is depositions. We know that you’ve probably had experience either being deposed or taking depositions, but we want to reiterate that your case can be made or broken during the deposition process. Here, you can lock in witness testimony, which can give you direction when it comes to raising defense arguments like comparative negligence, and it might give rise to witness credibility issues. Both points can be pivotal to your case.

But depositions are much more than just sitting down and asking some pointed questions. They require strategy. Remember, these depositions are recorded and can be used in court to support your position. Therefore, you can make efforts to box witnesses into certain positions without giving away your trail strategy, which should strengthen your position. But this requires strategic questioning, utilizing silences as a way to steer witness responses, and being prepared with multiple lines of effective examination and cross-examination questions.

Find comfort in the preparation of your case

We know that talking about the legal process can be dry for some people, but down in the trenches prior to trial is where many insurance cases are won or lost. So, if you’re looking for a strong advocate to represent you in your insurance dispute, then we encourage you to look for someone who will put in the preparation needed to strengthen your case as fully as possible, meaning that they know how to deploy holistic and strategic discovery practices and other legal maneuvers that can position you for success.


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