A Philadelphia Personal Injury Lawyer and Philadelphia Personal Injury DepositionsIt is vital that you completely understand each question before attempting to give an answer. It is not possible to give a truthful and accurate answer to a misunderstood question. The defense attorney will repeat or rephrase the question if requested to do so. It is important to speak loud enough so that all in the deposition room can hear the testimony. You should keep your hands away from your mouth. To some attorneys a hand in front of the mouth implies that you have something to hide. Questions cannot be answered with a nod of the head or an "uh huh" or an "uh uh." You must say "yes" or "no" so that the stenographer can record the response. You should not exaggerate your injuries or losses but, you should not hesitate to explain fully all of the injuries and damages caused by the accident. Watch out especially for questions such as, "Did you suffer any other injuries?" A negative answer at the deposition can limit you at the time of trial. You must think long and hard before committing yourself to such an answer. If you cannot think of any other injuries or complaints, it is fair to tell the other attorney, "That’s all I can think of right now." This keeps your options open in case you’ve simply forgotten about an important part of your claim. It’s easy to forget during the pressure of a deposition, especially if the other attorney is utilizing a combative style in his questioning. You should not try to memorize the accident, injuries, and treatment. Justice requires only that you tell your story to the best of your ability. A memorized recitation of the events appears contrived and manufactured. Some degree of spontaneity adds settlement value to the case. Since you are trying to make a favorable impression upon the defense attorney, it is important to dress neatly and to treat all persons in the deposition room with courtesy and respect. There is nothing to gain by arguing with or insulting the defense attorney. After the deposition this attorney will report his or her impressions of you to the insurance company. If this attorney thinks that your attitude will rub the jurors the wrong way, the insurance company will be inclined to make a relatively low settlement offer. The most import aspect of the discovery deposition is you and the appearance you make. If you give the appearance of fairness, honesty, and earnestness, and if you keep in mind these suggestions, you will have taken a great stride toward the successful settlement of the litigation. |
