Preparing for Deposition

If you are the victim in a Kentucky injury case or a Kentucky medical malpractice case, you are what is called the "Plaintiff." Once a lawsuit is filed, the defense attorney will schedule the deposition of the Plaintiff. Many times, the victim has never been deposed before. Anxiety, nervousness and uncertainty are common emotions. It is important that the Plaintiff meet with his or her Kentucky personal injury attorney to be prepared for what to expect in deposition. However, no attorney can accurately predict exactly what to expect. Therefore, in addition to the advice given by the lawyer, several basic tips apply.

Always Be Truthful

You will be placed under oath which means that your answers are sworn to be the truth. Every word that is said will be recorded either by video and/or by a court reporter who takes down what is said word by word. Not only is there a duty to be truthful, it is unwise to exaggerate or to lie. It will be easier to remember the truth over the course of your case. Additionally, if the defense ever finds out that you have exaggerated or have been untruthful, your prior sworn testimony will be used to discredit you with the insurance company and/or the jury and/or the Judge. It is okay to answer "I don't know," "I don't remember," or similar responses if those are truthful.

It is also important to remember that during the course of a deposition in a Kentucky personal injury case or a Kentucky medical malpractice case that you are being evaluated by those in the room such as the defense lawyer and by those who are not present. The insurance company, the Defendant and others involved in the case will be reviewing the transcript of your testimony. For these reasons, it is not only important that you be truthful, it is important that you be polite.

It is important that you dress nicely. However, if you are taking time off in the middle of a work day, a uniform or work clothes are perfectly acceptable. Hygiene is also important. You want to be taken seriously in your injury claim and you don't want to look like you are "needy." This might give the impression that you would be willing to accept a settlement offer in your case less than its true value. Therefore, cleaned and pressed clothes and a clean body are mandatory.

Answering Questions

Some questions ask for answers in the form of lists. Such questions may request a list of injuries, a list of restrictions, etcetera. Try to avoid giving finite lists. For example, if the attorney asking questions wants a list of the ways your injuries have adversely affected your life, explain that you are nervous and that you might not be able to come up with a complete list of all of the ways in which your life has been adversely affected, but that you will try to give some examples. In this way, the defense lawyer will not later be able to limit what you claim to have lost.

Give brief, truthful answers. The truth can be told often with an answer containing very few words. A truthful answer could also run on and on. In most situations, a brief answer is preferred. There are exceptions and you should ask your Kentucky personal injury attorney or Kentucky medical malpractice lawyer for advice on those situations in which longer answers are more appropriate.

Taking a Break

If you need to take a break, tell the attorney asking the questions that you would like to take a few minutes. You may be asked to finish answering a specific question or line of questions, but you should be given a break whenever you need one. You can also take your time in responding to a question. It is wise to think about the question that is being asked before you respond.

If there is no video being taken, pauses are not reflected in the written transcript. Therefore, you can take as much time as you want before you respond to a question. If there is video, you still can take your time and make sure you understand the question, compose yourself and then respond. However, long pauses can be misinterpreted as the time during which you are "creating" your answer.

If you do not understand a question, you should certainly ask the lawyer to rephrase or restate the question. You may also ask that the court reporter read back the question. Make sure you understand a question before you try to answer it.

Don't Volunteer Additional Information

It is very rare that you "win" a Kentucky personal injury or Kentucky medical malpractice case as a result of what you say in your deposition. On the other hand, sometimes cases can be "lost" based upon additional information that is volunteered during a deposition.

Be careful about using strong words such as "always" or "never." These type of words should be used in very limited circumstances.

Discuss with your attorney how you should handle questions about your injuries, your treatment, your recovery, how you are feeling now, etc. These are questions that will most certainly be asked in any Kentucky personal injury case deposition.

Many times depositions close with open-ended questions like "Is there anything else you would like to tell me?" These can be very dangerous questions. Often, the Kentucky attorney handling your personal injury case or your medical malpractice claim will instruct you to respond with something like "Not at this time." However, there may be a couple of key points that you and your lawyer wanted to make sure you had an opportunity to express. This may be the perfect platform to get that information into the record and into the mind of the defense attorney, the Defendant and the insurance company if they did not ask questions that gave you an opportunity to put those points into the record.

Defense attorneys occasionally will ask a Plaintiff how they arrived at the value or "number of dollars" they placed on their case or the amount you think your case is worth. You should discuss this question and your appropriate answer with the attorney that is representing you.