Wade Coye's Blog
Desperate Times for Employees Become Profit Opportunities for Insurance Companies
We’ve all been sick or injured at one point or [...]
Regulating the Regulators
The “Great Recession” that started three years [...]
Emerging Technologies within Traditional Systems: Video Conferences
It is so easy to communicate in today’s world. [...]
Dan Smith's Blog
The Bench is a Boundary
At a recent Social Security Disability hearing, I was [...]
Insurance Companies Protecting Themselves: Florida’s Non-joinder Statute
During a recent case, I had to explain to a client why we [...]
Social Networks as a Legal Tool
People use social networks every day. Their activities, [...]
Recent Updates:
Depositions
Depositions ♦ Personal Injury Overview ♦ Workers' Compensation Overview ♦ Sample Workers' Comp Deposition Questions
Workers' compensation, personal injury, and others claims often require witnesses, claimants, or defendants to give a deposition. A deposition, simply put, is a person's statement about facts that will be argued in the trial. It is conducted during the discovery period of a case so that everyone can avoid surprises at trial.This page is an overview of the deposition process for those who will soon experience it. Your experienced lawyer at the Coye Law Firm knows how nervous you may become when attending a deposition. They will prepare you with useful advice for the meeting in order to put you at ease and make the testimony work for your case. If you have questions regarding an upcoming deposition, call our offices today to review what you need.
What is a Deposition?
A deposition is testimony taken out of court. The statements collected are often from witnesses and used to support or hurt the facts presented in a case. Depositions can be collected in a conference room at an attorney's law firm or other official setting. The opposing counsel conducts depositions, and they have the right to do so. Your attorney has the opportunity to depose the defendant regarding your case as well.
Reasons for Deposition
There are many reasons why opposing counsel would want to take a person's deposition. Some of them are to:
- find out facts you know related to the trial
- anticipate what you will say under oath
- verify the truth
- determine the vital parts of your case
People at the Deposition
Depending on the circumstances of your case, you may meet with many people at your deposition. Of course, you will need to be there. The opposing counsel, your attorney, and a court reporter need to be there as well. If the defendant wants to be present, they can be. If you have any objections to this, bring it up with your attorney well before the deposition.
Because depositions are so important, clients often feel nervous about giving them, which can lead to incorrect or ambiguous answers. If you are going through a deposition, it is crucial to remember the following points:
- Do not lie. You will most likely be caught and your case can be thrown out if the opposing counsel ruins your credibility in court.
- Listen to the question carefully and ask the person to clarify if you don't understand it. Some questions are specifically designed to confuse you and lead you to lie even if you don't mean to.
- Do not guess at answers if you aren't 100% sure of them. If you estimate or guess, the opposing counsel can allege that you are lying.
- Answer in a polite way, but don't volunteer information past what the question is answering. For example, if you are asked "where did you go to lunch last Wednesday?" say, "a small cafe around the corner," but you don't need to include "with my sister for about 45 minutes."
If you are dealing with a workers' compensation claim, read this list of commonly asked questions to prepare yourself for a deposition. You don't need to bring anything with you unless you are specifically instructed. Also, you don't need to "study" for a deposition; simply try to remember names, dates, locations, or other answers.
You have the right to talk to your attorney during the deposition. If you need advice on how to answer the question, keep this in mind. The best advice is to be calm, truthful, and accurate in your answers. If your case is strong, you have nothing to worry about.
An attorney at the Coye Law Firm will do everything they can to prepare you for a deposition. As an experienced personal injury and workers' compensation law firm, the Coye Law Firm knows what common tactics that the opposing counsel will use. Call our offices today to discuss your concerns about an upcoming deposition.
