The prospect of being deposed can cause anxiety in many. Being in a deposition, questioned by opposing counsel, on the record may not necessarily be something you look forward to, but you can greatly ease your nerves by being as prepared as possible for the experience. Preparation is key to managing your anxiety as well as making sure your deposition goes smoothly.
In a deposition, the attorney for the other party in the case has the opportunity to further pursue the fact-finding mission that is the discovery phase in preparation for trial. You will have advanced notice as to the specific time, date, and place of the deposition. Know that a deposition does not happen in a courtroom, but often takes place in an attorney’s office. Your attorney will be allowed in the room. A court reporter will be there to document the proceeding. All answers you give in the testimony will be under oath and can more likely than not be used at trial later on. Here, we will discuss some of the questions you are likely to face at your deposition in your personal injury case.
What Questions Could I Be Asked at My Deposition?
Compliance with the deposition is mandatory if you want your case to proceed. It is an important part of the discovery process and your first real opportunity as the accident victim to give your side of the story on the record. You will be asked extensive questions about facts relevant to the case. Both your attorney and opposing counsel will be noting your account of things and trying to zero in on any potential strengths or weaknesses in your case. It can be viewed as a kind of preview of your testimony at trial, should the case not settle prior.
The deposition will most likely begin by having you state some persona information. This can include the basics such as your name and contact information. You may get questions about your family structure as well as your job. After this, the questions may turn to something such as accident details. Questions about the accident may include:
- What happened?
- Were there witnesses? If so, who?
- What were the weather conditions like at the time of the accident?
- How did you feel at the time of the accident? What was your mental state?
- Were you talking to anyone when the accident occurred?
- Did you talk to anyone after the accident? If so, what was said?
There is also likely to be extensive questioning regarding your injuries as well as your physical health prior to the accident. The attorney will want to flesh out what injuries were caused by the accident and what injuries may have been tangled up with any preexisting conditions. Be as clear as possible about your pre and post-accident life and physical health. Questions relating to your accident injuries are likely to include:
- What were your injuries?
- Where did you receive medical treatment?
- Were you admitted into the hospital?
- What treatment did you receive? Did you undergo surgery?
- What type of follow-up care did you receive?
You will also be asked questions about your life after the accident, including how your life has changed since the accident. This line of questioning will investigate any limitations your injuries have imposed upon you and any changes to future plans you have needed to make because of your injuries as well as the emotional toll the accident has taken on you.
Westchester Personal Injury Attorney
Attorney Michael LoGiudice prepares his clients and stands by his clients throughout all phases of the personal injury claims process. From settlement negotiations to depositions, he is here to vigorously fight for you and your best interests. Contact us today.