A deposition is a critical part of your Florida personal injury case. At a deposition, statements are taken from the parties involved or witnesses to the accident by lawyers for the opposing party or parties. The statements (depositions) are taken under oath, so you must tell the absolute truth, and any comments during the deposition can be used in a possible future court case.
Depositions also aid the defense attorneys in determining if they should settle a case rather than let it go to court. Court cases are long and expensive, and juries often favor the injured party, so if your deposition indicates that you have a strong case and that you would be viewed sympathetically by the jury, lawyers will often offer to settle. The stronger your deposition, the greater the likelihood that they will ask to settle and the greater the financial compensation they will be willing to offer.
For these reasons, I work with my clients so that they go into the deposition with confidence, fully prepared for what the defense attorneys may ask.
Do’s and don’ts in depositions
As a personal injury lawyer in Florida with years of experience successfully winning significant awards for my clients, I stay with my clients throughout their depositions and make sure the defense attorneys remain in their lanes as they question you. A stenographer will be notating everything that anyone says during the deposition, so when you’re asked a question, follow these very important steps:
- Listen to the question carefully and wait until the lawyer has finished asking it before answering.
- Pause and think. Allow your lawyer a moment to object if necessary, and allow yourself time to compose an accurate but SHORT answer.
- Answer the question as simply as possible. If “yes” or “no” is sufficient, say that.
- STOP TALKING! This can be the hardest part and can take some practice.
I practice with my clients so that they know how to behave at a deposition and how to answer questions accurately and succinctly. I also go over a list of do’s and don’ts and help them become comfortable with them so that they are prepared once they are sitting in front of an unfriendly attorney.
Here is a list of things you should do:
- Dress nicely, be respectful and cooperative, and maintain your composure. The defense attorney will be sizing you up to see how you behave under cross-examination. Juries favor composed, polite people who dress professionally (you don’t have to dress fancy, just dress nicely), so behave that way at your deposition.
- Answer truthfully. You are under oath.
- The defense attorney will ask you many questions that range widely, including questions about your past and your life before the accident, details about the accident, and your current condition and how your life has changed since the accident. Some questions, especially those about your past, may be irrelevant, and will therefore not make it into court. This will be part of their tactic to shake you up, but it’s also a fishing expedition. They are trying to find something, anything, that might undermine your case.
- If you don’t understand a question, say “I don’t understand” so that they are forced to ask a clear, brief question.
- If you realize you made a mistake on a previous question, state that you made a mistake and correct yourself for the record.
- Take breaks when you need them. This is not a marathon. If you need a bathroom break, a coffee break, or even just a break to calm down, ask for a break
There are also some very important “don’ts” to keep in mind at the deposition:
- Don’t guess. If you don’t know the answer or you don’t remember, say “I don’t know” or “I don’t recall.”
- Don’t ramble! This is very important and goes back to the “STOP TALKING” rule above. If they don’t ask something, don’t answer it. If they want an explanation, make them ask for it.
- Don’t joke or be sarcastic. It doesn’t read well in the court report that the stenographer is preparing and it could be misconstrued when being read.
- Don’t get angry, defensive, emotional (as much as possible), or argue with the lawyer. Although it’s expected a witness will show some emotion when remembering something painful or traumatic, juries are turned off by angry witnesses. Don’t let the lawyers figure out what buttons to push to upset you.
- Don’t bring documents to your deposition, such as notes for answering questions, because they will have to be submitted as evidence and the defense attorneys have the right to review them. If you really feel like you need to write down a few things, do so only under the guidance of your lawyer.
- Don’t answer any questions the lawyers ask you about any documents or pictures they may have brought unless you examine them. It isn’t unusual for a defense attorney to read something from a document or comment on a photo and ask you to comment on it, hoping to trip you up. Insist on being able to review the entire document or photo before you answer. Read every fine print and look very closely. If you have no previous knowledge of the item, you could say that you have no previous knowledge of it. Again, do not guess. Answer only what you can honestly answer.
- Don’t be afraid of silence! This is important. Defense lawyers will often use silence to try to make you feel uncomfortable and want to fill the silence with words. They may ask a question and sit expectantly, waiting for you to say more. They may use body language or facial expressions such as raised eyebrows or a tilt of the head trying to encourage you to continue. Do not fall for it. Answer only what they ask and then STOP. Let them squirm in their own silence while you remain calm.
As your attorney, I will help guide the deposition in a manner that is beneficial to you. I will fully prepare you for the event and I will discuss with you my objection strategy so that you know what to expect.
Remember that at your deposition, YOU are in charge of the pace. You answer at YOUR own pace. Even if the other attorneys try to hurry you with impatient body language or statements such as “Let’s see if we can pick up the pace” or “I’m sure you don’t want to be here all day,” take your time and answer calmly, truthfully, and peacefully.
As a Florida personal injury lawyer, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained due to someone else’s negligence. Contact me at (954) 448-7288, 24/7 for a free consultation to see how I can help you.