What To Expect At Your Deposition
If a settlement cannot be reached for your Massachusetts personal injury claim, then a lawsuit may be necessary. Part of the litigation process is a deposition. If you are facing an upcoming deposition, it is important to be prepared so as to ensure your deposition is a successful one. Here are some things you can expect at your deposition.
The deposition will likely be held at the defense lawyer’s office. Be sure to bring photo identification with you. There will be a court reporter (stenographer) that will be there to swear you in, and to type everything that is said during the deposition.
The insurance company’s lawyer will begin to ask you questions. He will start out by asking you some basic background questions about yourself. Next he will ask you very specific questions on how the accident happened.
For example, if it is a motor vehicle accident case, he will want to ask you very specific questions on how the accident happened. He will ask you where the accident happened, date and time, points of impact, damage to the vehicles, etc. Or, if it is a slip and fall case, he will ask you very specific questions on how you slipped, what you slipped on, how long it had been present prior to the fall, etc.
Your attorney has the right to make an objection for the record. But with very limited exceptions, you must answer the question. The deposing lawyer has free reign to ask you questions on a multitude of topics.
Next he will ask you about your damages. He will want you to talk about all the injuries you sustained, where you received medical treatment, whether you lost any wages, etc.
I always stress to my clients to always tell the truth. The deposition is sworn testimony so anything that is false can be considered perjury. I also emphasize the defense lawyer is not on our side. He is being paid by the insurance company to minimize the case. Never forget that, and never get too comfortable during the deposition, no matter now nice and friendly the lawyer seems to be.
A few weeks after the deposition the transcript will be ready. You will have a period of time after the deposition to correct any inaccuracies in the transcript.
Your lawyer as well has the right to take a deposition of any party or witness to the accident. Depositions in the workers compensation sphere are limited to doctors and occur much less frequently than they do for personal injury cases.