how to prepare plaintiff for deposition

I am thankful to have had his office assist me in this journey and will gladly recommend his services. If you exaggerate your injuries, expect that surveillance will catch you doing something you claimed you couldnt do. If you are told that your deposition is going to be videotaped, dont worry. Your job at the deposition is just to answer the questions. A proactive approach to the plaintiffs deposition. Unless your case calls for it, I do not recommend practicing specific questions. You do need to understand that in addition to getting your sworn answers on the record the opposing attorney or others who are there, will be evaluating you in other ways. There are 9 references cited in this article, which can be found at the bottom of the page. I have often had clients who have a hard time articulating all the impacts on their life of the injuries they have incurred at the hands of the defendant. Ive had some clients where a suit (which is unnecessary), but its really whatever you think will look professional, but also comfortable. Depositions 101:Setting Up the Win at the Plaintiffs Deposition To be sure you are aware of any skeletons in your clients closet, probe into these issues in your deposition prep meeting. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. If you find yourself ready to pop off with your best estimate, instead simply tell him I would have to guess and I not comfortable with that. That is your answer and the attorney will have to move on. Immediately he walked me through everything as I took great pictures of the scene. Similarly, you will be asked about matters like the nature of the injuries, what medical care you sought and how the injuries impacted your life. And consistent with what you told the police for their report or the doctor who was treating you. Investing in your client is investing in your case. You can also review your answers to any interrogatories or requests for admissions that you answered. Having your deposition taken will most likely be a new experience. ); Your view of the nature and extent of disability and impairment of each area of the body that was involved; Activities affected, including activities of daily living and recreational activities; Temporary restrictions imposed by doctors; Functional capacity evaluations permanent restrictions imposed by doctors; Physical exertion category of post-accident work you are capable of doing with restrictions; Transferability of skills from work done prior to injury; Time lost from work, with specific dates; Earnings history after accident, with tax returns; How injuries have affected ability to do basic work activities; How injuries have affected earning capacity; Bills incurred and future treatment expected. The Legal Consequences of a Dog Bite in Idaho: What You Need to Know, How to file a personal injury claim in Idaho. Counsel will cover at least the following topics in some detail: You should take another look at your medical records. Home - Personal Injury - The Plaintiffs Deposition Be Smart and Be Prepared. Most plaintiffs erroneously believe that the deposition is their chance to tell their side of the story. However, there is common ground that is covered by almost every bad guys lawyer during a deposition. If you change something important, like adding an injury, the defense attorney may want to depose you again on that subject alone, as he or she was not afforded the opportunity to do so at the first deposition. There is nothing wrong with simply stating, I do not recall.. Create a binder of the most important documents. Organizing your questions chronologically is probably better than jumping around. You want to come across as the sympathetic victim that the jury would want to compensate. Ask that questions be clarified or rephrased if they dont understand them. During the deposition everything that is said, the questions and answers and comments, are being transcribed by a court reporter. For example, in an automobile accident lawsuit, you might depose the defendant. Preparing plaintiffs to speak their truth in deposition and at trial Although it focuses on issues that commonly arise in employment discrimination and retaliation cases, many of the tips and steps discussed below transcend that context. If you are asked to guess, estimate or ballpark something during a deposition, make sure youre answer includes the fact that this is what you are doing: Im not 100% sure, but Id estimate that I was sitting at the light 5 seconds before the defendant hit me.. This is the essential difference between depositions and normal conversations among ordinary people. If your client is sure he did not, then you obviously cant have your client agree with the witness. Preparing the plaintiff to identify facts Highly recommend this man and his firm. Today, depositions are usually videotaped or the questions and answers are taken down by a court reporter. Epidemiological Evidence In Occupational Injury Cases, Occupational Injury or Disease Under Workers Compensation, How to Calculate the Value of a PTD Claim. If you have an injury causing low back pain, or anything which makes you uncomfortable during the deposition, let the other attorney know. One aspect of trials is that they are, in part, morality plays about good and evil. Anything youve ever said can and will be used against you. Along those lines, advise your client to admit to prior and/or subsequent incidents or injuries (to the extent they exist) and to admit to whatever truth about which they are asked in deposition. From the beginning Lyle didnt take long at all to help me with my car wreck. THIS IS AN ADVERTISEMENT. Perhaps, before viewing the photos or videos, the plaintiff remembered the incident differently. I also recommend making a timeline to chart out the progression of your clients complaints of injury, pain, and/or physical limitations. For example, in a fraud case, the plaintiff must actually have relied on the false information. For instance, if your client suffered both a knee and back injury in a collision, the timeline will allow you to pinpoint when the plaintiff first complained of each discrete injury. Mainly, you want to double-check and make sure that there are no errors in these documents which will require correcting or explaining during your deposition. All About Depositions in Arizona | Cluff Injury Lawyers They knocked it out of the park. By signing up you are agreeing to receive emails according to our privacy policy. Because it is under oath, at the later trial if you try to change the answers you gave during a deposition, the lawyer can use those contradictions in court to suggest you are lying or untrustworthy. They not only secured an unprecedented settlement for my sisters and I, but also supported us during the criminal trial. The attorney should familiarize the client with the They treat you with respect, like an actual person and not just a case/number and thats why they stand out miles above the rest. However, you should focus on key facts of the case. This website constitutes Attorney Advertising. You should review the facts of your case with your attorney so that your memory is refreshed and you can 2. Be prepared to answer with the truth, which is usually, Thats all I remember right now, or Im sure theres more, but thats all I recall at this time.. Preparing for the Deposition as a Witness, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/0\/08\/Appear-Professional-Step-4-Version-2.jpg\/v4-460px-Appear-Professional-Step-4-Version-2.jpg","bigUrl":"\/images\/thumb\/0\/08\/Appear-Professional-Step-4-Version-2.jpg\/aid7702586-v4-728px-Appear-Professional-Step-4-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"