Your deposition: 10 things to expect
A deposition is the recorded statement (under oath) taken of the parties in a lawsuit. It is an opportunity for the attorneys for the lawyers to discover information about the other side by asking questions on a variety of area. Not much is out of bounds in a depo. For instance they might ask:
- about your marriages, divorces, kids and other family members. Who might have information about your injury? What friends or relatives might be on the jury panel? Do you have relatives over the age of 18 in the county where the case is filed?
- about your job history, education, military experiences…the background of your life.
- about your criminal history. Felonies are admissible as are convictions involving dishonesty (passing bad checks, fraud, deceptive practice…); these convictions tend to show that a person will lie or deceive for his/her own advantage.
- about your medications taken at the time of the accident or since the accident.
- about your injuries, restrictions, pain, suffering…how it impacts your home life, job, chores, sex life, hobbies, etc.
- about the accident or incident itself. How it occurred? Who might have witnessed it? Details of the events leading up to the accident.
- about your social media accounts (Facebook, Twitter, LinkedIn, Tumbler, Instagram, etc.) They might want to look anywhere you post photos, or post blogs or other written content).
- about the expenses you’ve incurred as a result of the injury. This includes medical bills, lost wages, mileage, home modifications (recommended by a doctor).
- about prior medical history. It is perfectly acceptable to have prior medical injuries. We can often establish that an accident either caused an injury or aggravated it. What is never acceptable is to hide or fail to advise us of ALL of your medical history and prior treatment.
- about you as a person. Are you likeable? Are you a miserable, cranky, angry, unlikeable person? The key issue is TLC. Will the jury TRUST you? Will the jury LIKE you? And will they want to COMPENSATE you? If you aren’t likeable and believable, your case will suffer. Be friendly and cooperative.