When you are involved in a personal injury claim, you might be required to participate in a deposition. Depositions are part of the discovery process, which involves an exchange of information between you and the insurance company.
Depositions can be oral or written. An insurance company may send a list of written questions for you to answer under oath. At an oral deposition, you are verbally asked questions and asked to answer under oath.
What are depositions for?
The general purpose of a deposition is to provide both parties with all relevant facts and circumstances of the case. This helps facilitate settlement or prepare for trial if settlement is not possible.
If you are scheduled for an oral deposition, you may be nervous. This is understandable. Many people do not enjoy speaking in front of others, especially on serious topics that are the subject of most depositions. Here are some tips.
Answer the question that you are asked and nothing more. One of the biggest mistakes personal injury victims make is talking too much.
Avoid giving personal opinions or speculating. Do not talk about irrelevant information. When you are preparing for your deposition, go over which facts are relevant and stick to those.
Recognize that not understanding a question is fine. You are not expected to automatically understand every question.
Insurance company attorneys may ask long questions using insurance industry or legal jargon that you do not understand. Tell them that you do not understand and ask them to ask the question again. Do not answer until you understand the question.
Do not rush the process
Anxiety or the belief that you must give immediate answers can make you feel pressured to give quick answers. You are allowed to pause and think before you answer each question.
Take your deposition seriously. Answers that are strong and consistent increase your chance of a favorable settlement or success at trial. However, lack of preparation could result in sloppy, inconsistent answers that prevent you from obtaining full and fair compensation for your injury.
