How to Give a Deposition in a Personal Injury Case: by Florida Trial Lawyer Matt Powell

A deposition is a statement taken of a party or a witness ,under oath, in front of a court reporter. Any statements made, may be used in court. It is one of the most important tools that lawyers use to gather evidence and information about a case. As a trial lawyer, almost everyone of my clients who is involved in litigation will be required to give a deposition. And in most cases, I will depose the person who we contend is at fault for causing damages or injuries to my client.

Here is some basic information about a deposition.

My client will be asked a long series of multiple questions by the attorney representing the opposing party.

Four steps that are also important to understand.
First you should always LISTEN to the question being asked to you very carefully and then
Second, PAUSE. . . . PAUSE before you answer.
Third, ANSWER JUST THAT QUESTION.
Four: STOP TALKING.

Also, if you do not understand a question, or it seems complex or compound with lots of parts, please ask the attorney to rephrase the question.

Remember, take your time and you are not to be rushed.

Typically most depositions come in three phases. Phase one will be about your life BEFORE the accident or event that caused your injury.

Phase two of the deposition is typically about the FACTS of the accident or the event that caused your injury. In some cases, such as a rear-end motor vehicle crash, the facts of how the accident happened may speak for themselves. You really won’t have much to explain since you were facing forward looking out the windshield and you never saw the car that hit you before the impact. In this situation, your answers will be short and simple. However, in other cases that are more complex and the issue of liability is contested or in dispute, your version of how the accident happened may be critical to protecting your claim.

0:00 Introduction How to give a Deposition by Matt Powell
0:10 When and where can a deposition be used
0:40 The basics of a deposition there is a court reporter
0:52 Videotaped depositions
1:02 Lots of questions will be asked by the other attorney
1:12 Sworn testimony is written down by the court reporter
1:18 How should I prepare for my deposition
1:24 Rule number one tell the truth
1:39 Listen carefully to the question
1:45 Pause after the question is asked to you
2:22 Answer just the question that was asked
2:28 Stop talking after you have answered the question that was asked
3:14 In your deposition you are on the defensive, meaning you can’t win your case when you are being deposed, however, you can lose your case
4:03 What answers can I give
4:10 Yes and No are good answers
4:16 I don’t know may be a good answer to many questions but not all
4:17 I don’t understand your question
4:20 May I have a break please is a fair answer to ask when you want a break
4:30 Keep it Simple applies to a deposition
4:40 What should you avoid in a deposition
4:42 Don’t guess at any answer
5:15 What if they ask complicated questions
5:40 Take your time in your deposition
6:10 What are the phases of a deposition
6:15 Life before the accident
6:20 Common background questions you may be asked
7:30 Questions about the accident itself
8:00 What if the fault for the accident is not clear how do I answer
8:15 Meet with your attorney before your deposition
8:35 Common traps and tricks to look out for in your deposition
8:40 Estimations may hurt your case
9:00 Questions about your life after the accident is phase 3
9:19 What injuries do you have
9:22 How has your work been affected
9:30 Elaboration about how the injuries have affected your life are useful
9:38 Why isn’t my lawyer objecting
10:00 Privilege Objections like your 5th Amendment right not to incriminate yourself
10:24 What should I do if my attorney objects
10:35 What you and your attorney discussed is privileged and you should not answer
11:10 What is a form objection
12:00 Additional tips to help you survive your deposition
12:30 What if I make a mistake in my deposition
13:00 What if the lawyer interrupts me
13:15 What if they ask me the same question over and over
13:40 Remember the opposing lawyer is not your friend
13:50 It is not your job to help the other lawyer
14:10 What if I can’t remember all the dates and locations
14:14 Can I bring my notes
14:35 Who should I call for more information about depositions

tricks lawyers use in depositions , How to Give a Deposition in a Personal Injury Case: by Florida Trial Lawyer Matt Powell , #Give #Deposition #Personal #Injury #Case #Florida #Trial #Lawyer #Matt #Powell