Top Mistakes To Avoid in Your Personal Injury Deposition
After filing your personal injury claim, you may be required to provide a deposition for the other side. A deposition is a testimony you make under oath. It is used to gather information as part of the discovery process. A deposition may be used at trial. As the plaintiff, you will basically testify about how your accident happened, what injuries you sustained, the medical treatment you have received, and how your injuries have impacted your life. Your deposition can significantly influence the outcome of your case. Because of this, it is vital to approach your deposition carefully. Even a tiny mistake can adversely affect the outcome of your case. Here are some of the biggest mistakes to avoid during your personal injury deposition;
- Lying
Lying is one of the worst mistakes you can make during your personal injury deposition. Remember, the defense attorney probably already knows the answers to most of the questions and is trying to catch you in a lie. If you tell lies, it can severely damage your credibility and hurt your case. False statements can lead to your case being dismissed or a significantly reduced settlement. Always be honest, as honesty builds a strong case and demonstrates your integrity to the court. Instead of hiding the truth, consult with your lawyer beforehand about handling questions requiring you to share unfavorable details. Your attorney can help you frame your answers appropriately while still staying honest.
Also, remember that lying under oath constitutes a criminal offense known as perjury, which can result in fines and even jail time.
- Exaggerating
Don’t exaggerate the extent of your injuries or how the injuries have impacted your life. This is basically the same as lying. Be honest to remain trustworthy. However, don’t downplay the extent of your injuries, as that may minimize the severity of your claim.
- Guessing or Speculating
Don’t guess the answer to a question. If you’re unsure about the answer, it is perfectly acceptable to say you don’t know or can’t remember. Guessing or speculating can undermine your credibility. It can provide the defense with ammunition to challenge your testimony, expose inconsistencies, and weaken your case.
- Not Answering Questions
Don’t evade answering the defense attorney’s questions or claim not to remember common things, as that may lead to you being considered untrustworthy. Deliberate evasiveness can cause suspicion and damage your credibility. If you cannot recall something, say so, but avoid overusing this response for straightforward questions.
- Volunteering Information
Only answer what is asked and avoid volunteering additional information. Volunteering information that wasn’t asked for can lead to further probing, which can complicate your case.
- Being Impolite or Unprofessional
Being disrespectful or unprofessional with the opposing counsel can harm your case. Remain polite and professional throughout. There may be times when it feels like the opposing attorney is attacking you – ignore it. By being polite and professional, you can make a positive impression on opposing counsel and potentially the court, thus increasing your chances of achieving a positive outcome.
Contact a Charleston Personal Injury Lawyer
A personal injury deposition can seem intimidating, but with the help of an attorney, you can navigate it with ease. Our Charleston personal injury attorney at Gus Anastopoulo Law Firm can guide you through your case and help you get the justice and compensation you deserve.
