If you’re a plaintiff in a no-fault lawsuit, you will probably have a deposition taken. Find out what to do to prepare for your deposition from auto law expert David Christensen.
This is the second of a four-part series showing you what to expect in your Third Party Lawsuit based on top no-fault lawyer David’ Christensen’s recent webinar for the Institute of Continuing Legal Education. Monday’s blog dealt with the initial client interview. Today’s addresses the deposition.
During the “discovery” phase of your case the insurance company’s lawyer will usually schedule a deposition – a time to ask you questions while a court reporter takes down your answers. It can be intimidating, but knowing what to expect can help calm your nerves feel ready.
A Deposition is Not a Conversation
The deposition can feel foreign. Attorneys will ask you lots of questions. Knowing how to react will help you relax. The key to a successful deposition is to be who you are and answer the questions as they come.
You will want to explain your answers, but trust your lawyer. If an explanation will help your case your lawyer will give you a chance to make it. Your lawyer will have gone over the topics for the deposition with you ahead of time, and will know when there’s something missing from the story.
Your Deposition is Your Chance to Tell Your Story
The deposition is your first opportunity to tell your story in a court setting. You may be tempted to downplay your injuries for your pride or your family’s benefit, but the deposition is where you need to be up front about your injuries and how they have affected your life.
The best thing you can do to prepare for your deposition is to practice your story. You can expect your deposition to cover 4 topics:
- Your Personal Background And Medical History Prior To The Accident;
- What Happened During And Immediately After The Accident;
- All Your Treating Physicians And Medical Professionals; And
- The Affect Of Your Injuries On Your Daily Life.
It’s ok to admit you don’t know or don’t remember an answer to a few questions, but you should take time with your lawyer and on your own ahead of your deposition to get all the details of your testimony down. That way on the day of the deposition you can be relaxed and tell your story.
Every person is different in what he or she needs to do to get ready for a deposition. The trial experts at Christensen Law will help you prepare so you can be relaxed on the day. If you or someone in your family has suffered a serious auto accident, contact Christensen Law today for a free consultation.