Getting it Right at a Work Comp Deposition 101

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Common people can be under a lot of pressure when they are in a court. Of course, this is a natural feeling that anyone who has never been in a court would have. However, such pressure needs to be relieved before you talk about anything in the court. What you have to remember here is that any word you say in the court could go against you or in your favor. The best is to keep your calm and answer whatever questions you are asked with full control of your mind and emotions. Deposition is when people feel the most pressure. Let us know what deposition is:

Deposition

The word can mean many other things but in law it is the testimony you give in the court when you are under an oath. You raise your right hand up and testify that every word you say will be truth and nothing but truth. After you have taken this oath you are asked several questions regarding the case. Many of the questions are related to your background. Both the attorneys, the opposing and yours, will ask you questions one by one. Unnecessary pressure from attorneys is often avoided or intervened by courts.

The Setting For A Deposition

 

You will have to give your testimony in the office your attorney or the opposing attorney. At times the deposition can also take place in court reporter’s office. One side of the room belongs to you and your attorney whereas on the other side you can see your opposing party and their attorney. The court reporter is the person you will see constantly typing as the question and answering session continues. It is of utmost importance that only one person talk at a time so the reporter can type everything out properly and accurately.

Why Is Deposition So Important

Deposition plays an important role in your case. The biggest reason why deposition is taken is for the insurance company. The insurance company is interested in knowing what your side of the story is. Of course, the insurance company knows a lot already from the physicians, nurses, doctors and other experts who are involved in your case but what you have to say is most important for the insurance company. When you are testifying you are telling your side of the story as to what happened to you, how you received the medical care, when you received it, what service you were offered and what you were not offered.

Should You Be Pressured While Giving Deposition?

Not at all! You should not be under any pressure when you are testifying. You should say what is on your mind truthfully. You have your lawyers on your side. Yes, there are times when the opposing attorney might try to put you under pressure to make you say things but Ehline is on your side. We will never let you be under any unnecessary pressure. Just feel confident and tell the truth as you know it.

Some Important Rules Of Deposition

While you will be told the rules of the deposition before it begins, it is better that you know them already. The most important thing in a deposition is that you will be required to give your answers in yes or no. The shake or nod of your head is not going to register any response since the reporter is typing and he/she will only type what he/she hears. Let attorneys complete their questions before you answer them. Even if you know what the question would be still it is best that you wait for the question to complete.

You would not want to talk on the attorney because this will create problems for the reporter for whom it is better that one person talk at a time. An important thing you want to know here is that if you don’t understand a question, ask the attorney to repeat the question. Do not try to figure out the meaning of the question in your mind. You might give an answer that goes against you. If there is some confusion, even the slightest, ask the attorney to repeat the question and only then answer it.

Before The Actual Deposition

Ehline Law Firm PC takes all the necessary measures to secure your position in a case. We make sure to arrange a deposition at our office with you to make you go through the process before it takes place in real. We will try to ask you the questions pertaining to the case and also explain why certain questions are and will be asked from you. Some questions might not seem relevant to your case but they are and so you have to answer them truthfully. If you are asked about your marital status it is to find out if you have any dependents or not. There are many other questions that might be asked related to your background, education etc.

The Mistakes To Avoid

  • First, whatever questions you are asked, make sure you provide truthful, complete and accurate answers to those questions. It does not matter whether the question asked sounds relevant to the case or not. If you are asked the question just answer it with the best of your knowledge. Another thing you need to remember here is that you are not being tested for how good your memory is when you are testifying. If you are asked exact dates and times of the incidents you can just say you don’t know them if you don’t remember.
  • Do not try to answer questions that you don’t know the right answers to. Do not try to assess a question unless you have understood it. If you think you are great at finding out the weight of things by simply lifting them, do not try this in the courtroom in your testimony. Even a slight deviation from the information you provide can result in making your position very weak in the case. If the opposing attorney asks you the exact distance you covered in meters or feet, do not answer this question unless you had really measured that distance. Any information similar to this should not be given out.
  • Don’t let the opposing attorney play with your emotions. This can happen at times. The opposing attorney might try to enrage you by asking certain questions in a certain way. The moment you lose your temper is the moment you will start saying things that will go against you. It is best that you talk to your lawyer before deposition on how to control the anger. Ehline is on your side if the opposing attorney says anything insulting but there are times when the questions are valid but still have the capability of infuriating the receiver.
  • Exaggeration of your condition and plight can also lead to making your position weak in the case. Just tell the court how you feel rather than exaggerating by using terms that could go against you. If an accident has damaged your legs and you are hardly moving, just tell in your testimony that you are having a hard time in moving. Saying in anger that you haven’t been able to move an inch because of the pain and suffering could go against you if a video or evidence from someone proves that you have been moving here and there after the injury.
  • Don’t try to elude questions or give vague answers in an attempt to thwart the consequences of giving out the right answer. Sometimes you will be compelled to think that your answer might go against you in the case but lying your way out of it would be the biggest mistake you can make. It is not your job to think what the consequences of a particular answer would be. Your lawyer can defend you well even if things are at odds but if you have provided a wrong answer you will leave nothing for him to defend.

Ehline Law Firm PC will always make arrangements for a deposition before the actual deposition. This session is conducted by our seasoned and professional lawyers in order to give you an overview of what is going to aspire in the deposition. If there is anything that is bothering your mind or there is something you would like to ask about worker’s compensation, we are always alert at Ehline Law Firm PC to help you.

About Author

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Ehline Michael
Michael Ehline is a prolific blogger on California and international tort law. He has been a guest on CNN, discussed in major news publications like Forbes, Circle of Legal Trust, Personal Injury Warriors, and International Cruise Victims. He has lobbied congress on behalf of injured consumers, served as a United States Marine, and won millions of dollars for his clients. This blog discusses Ehline's insights and musings on all aspects of negligence law as it relates to all things "accidents." Ehline can be reached at (213) 596-9642.