1) Tell the truth and don’t guess.
Your testimony will be under oath. Therefore, it has the same value as if you were in a courtroom in front of a judge or jury. It’s okay to say “I don’t remember” or “I don’t know.” Never feel pressured to guess. It may be innocent to you, but you may be providing conflicting information which will be used against you at trial. No matter how embarrassing the facts may be, always tell the truth. Just remember, just because something is discussed during a deposition, doesn’t mean the information will come out at trial. If it has to be addressed, we will control the delivery.
2) You’re being evaluated.
At a deposition, the attorney is looking at your appearance, demeanor, your ability to communicate about the incident, your injuries, and how the incident has affected your life. Overall, the attorney is evaluating your credibility and whether a jury will like you. Following your deposition, a report will be created and sent to the adjuster so that they can continue determining the value of your case. Basically, it’s important to make a good impression.
3) Think Q & A.
During your deposition, defense counsel will ask questions, and your job is to simply answer the questions truthfully. This is not an opportunity to volunteer extra information that is not asked. If you do not understand a question, always ask counsel to repeat and/or rephrase. If you answer a question, it will be presumed that you understood the question.
-Attorney Rodgine Bray