A deposition takes place during the discovery phase of a lawsuit. Lawyers from both sides hope that the facts revealed during the deposition can help them to develop and strengthen their cases.
The deposition’s basic features
• The defendant’s attorney deposes the plaintiff.
• The plaintiff’s lawyer deposes the defendant.
• Both lawyers could question anyone that had witnessed the accident.
• The person being deposed gets asked to share his or her recollections of the event that pushed the plaintiff to initiate a lawsuit.
Questions frequently posed to an injured plaintiff
• Where were you going at that time?
• What is your name? What is your job?
• Were you taking any type of medication on that day?
• Why were you unable to work, following your involvement in the accident?
• What type of treatment did you receive for your injury?
A plaintiff that was self-employed might be asked how he or she calculated the size of his or her income.
Tips for someone that will be deposed
Never make up an answer. If you do not know the answer to one of the questions, simply state that fact. There is no penalty for the failure to recollect every detail. The legal system recognizes the extent to which memories fade over time.
Do not do something that makes you appear nervous. By the same token, do not appear defensive. Avoid displaying signals that could be viewed as a sign that you are nervous, or want to put a barrier between you and the questioner. In other words, do not cross your arms over your chest, and make sure not to cross your legs.
Learn from a friend if you have some specific nervous habit, one that the same friend has seen you carry out repeatedly. For instance, do you often start twisting your hair, when you fell ill at ease? Practice talking to other people without moving your hands into the spot that would let them display whatever anxiety you might possess.
Learn how to maintain the proper eye contact with someone that is posing questions. Do not stare at someone that is speaking to you. Instead, get in the habit of looking at a point between the speaker’s nose and the chin.
Get ready to answer those questions that a personal injury lawyer in Wilmette is certain to ask. Prepare to give clear and concise answers. Learn to avoid a tendency to mention added details, information that has not been sought. Every answer should be short and to the point, so that nothing said might become the basis for yet another inquiry. It is not necessary to produce an answer quickly. Take your time about deciding what you plan to say in response to the lawyer’s posed query.