You should not say anything in a deposition that is not truthful and honest. The lawyer who represents you will make sure you are prepared for your deposition and may have additional advice on what you should and should not say.
It can feel scary to attend a deposition on your own. Our Lafayette personal injury lawyers can clarify the legal process and make it less intimidating. If you are being deposed as part of a personal injury case, you will have to answer questions from the other party’s legal representatives.
Do You Have to Answer Every Question You Are Asked in a Deposition?
According to Federal Rules of Civil Procedure (FRCP) guidelines, a deposition can be written or oral. In either case, the personal injury lawyer who handles your case may object to certain questions. Your lawyer may object to a question:
- To preserve privilege
- To enforce a court order
- To file or present a motion
An objection must be made in a specific manner and will become part of the official record of the proceedings. Despite an objection made by yourself or your lawyer, you may still be required to answer the questions you are asked.
Listen Carefully to Every Question Before Responding
Deposition questions can be complicated and multifaceted. You may ask to have any question posed to you repeated. Before you answer any questions, make sure you understand exactly what is being asked of you.
Do Not Hesitate to Say You Do Not Have an Answer
In some cases, you may simply not know the answer to a question you are asked at a deposition. Avoid guessing or speculating at an answer, and don’t allow yourself to feel pressured to respond.
If you do not know the answer, simply state that fact plainly. You should not rephrase the question or attempt to answer it in a roundabout way.
Avoid Letting Emotion Guide Your Answers at Your Deposition
Personal injury cases are typically brought about because someone was injured or lost their life. As such, it can be difficult to answer questions objectively since emotions can run high even months or years after the initial event. This can make it hard to avoid emotional outbursts.
The lawyer who represents you will help you contain your emotions and answer the questions you are asked clearly and objectively.
Let Your Attorney Guide You During the Deposition
The attorney who represents you will have familiarity with state and local law regarding depositions. You should rely on your lawyer for guidance and support throughout the proceedings.
At any point during a deposition, you are allowed to ask your attorney for clarity. You can request clarity on a question, on your answer, or both. You also have the right to seek clarification from your lawyer in private if you prefer.
Provide Straightforward and Concise Answers
Think carefully before you respond to any questions, and do not add unasked-for information or elaborate on your answers. Where warranted, you can respond with a simple yes or no without embellishment.
You should also avoid attempts to justify or validate your answers. Avoid rambling, becoming distracted, or getting lost in the weeds of a question that could lead you to inadvertently reveal too much information.
Allow Your Lawyer to Communicate With the Other Party’s Legal Team
For confidentiality reasons, you do not have to answer any questions about conversations between yourself and your lawyer. You should also allow your lawyer to communicate with the other party’s attorney for you.
Your Behavior Matters During Your Deposition
When you work with a lawyer during your deposition before settlement, they will do everything they can to help you feel prepared. Dress professionally, but comfortably, and do not make jokes or attempt to be evasive.
Make every effort to appear calm, cool, collected, cooperative, and confident.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow to Handle Tricky and Confusing Deposition Questions
Depositions can include difficult or misleading questions designed to catch you off guard or lead you to say more than intended. Knowing how to recognize and respond to these tactics is essential to protecting your credibility and your case.
Spotting Common Pitfalls in the Deposition Process
During the legal process, you may face confusing question formats like broad questions or leading question techniques. These tricky questions are often used to get you to give more information than necessary. Always wait for the complete question before formulating an acceptable deposition answer.
Giving Accurate and Honest Responses
Your legal representative will help you give direct responses and avoid over-explaining your answers. Stick to truthful answers only, even when facing challenging questions that test your memory or clarity. A concise response is better than trying to guess or interpret unclear subject matter.
Managing Follow-Up and Additional Questions
If an attorney fires questions rapidly or offers convoluted questions, pause to ensure you understand the entire question. It’s acceptable to ask for clarification on detailed questions or follow-up questions that build on a previous response. Do not change your original answer unless it was incorrect.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientBest Practices for a Successful Deposition Experience
Your deposition is a formal part of legal proceedings and can strongly influence the outcome of your personal injury claim. Following best practices ensures you stay focused, protect your rights, and present yourself as a credible and composed deponent.
Understanding the Scope of the Discovery Process
Your deposition is part of the discovery process and may impact what becomes evidence at trial. Deposition testimony can be used later in legal proceedings, so treat every statement with care. Personal injury lawyers will remind you that all statements are for informational purposes but carry legal consequences.
Preparing for Different Lines of Questioning
Expect background questions, deponent questions about the accident, and even closing questions at the end of your deposition. Bad or inappropriate questions may come up, but your lawyer will object when necessary.
Legal advice before your upcoming deposition will help you give a proper response to each question.
Keeping Composure During Tough Moments
During a personal injury or car accident deposition, emotional or absolute statements can damage your credibility. A calm demeanor, honest response, and effective responses are key to a successful deposition. Legal counsel will prepare you to handle both common and confusing questions with confidence.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientContact Our Team to Discuss What You Should Not Say in a Deposition
Now you know what you should not say in a deposition. As part of the process of a personal injury case, you may have to attend a deposition. The proceedings can be intimidating without legal support on your side.
When our law firm represents you, we make sure you understand what you should and should not say in a deposition. Contact our team at Laborde Earles Injury Lawyers for a free consultation and to learn more about the deposition process today.
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