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As part of the process of seeking compensation for an accident, you may be required to sit for a deposition. This is a formal interview taken under oath, and essentially, it provides the insurance companies with an opportunity to use your own words against you. As a result, it is important that you work with your Cape Coral accident lawyer to prepare thoroughly—and there are some steps you should take on your own to prepare as well.

Virtual depositions today allow attorneys, witnesses, and court reporters to participate in the deposition process remotely. Depositions that are done virtually have several benefits including, but not limited to, convenience, enhanced collaboration to share exhibits, reduced scheduling conflicts, and reduced costs of traveling. Our experienced Cape Coral accident attorneys can help you to better understand the modern process of virtual depositions and the steps that you need to take as well as the platforms to utilize in which the attorneys, witnesses, and court reporters can see and hear each other, like an in-person deposition. Our experienced attorneys will be there with you every step of the way to ensure the deposition process proceeds smoothly. 

For some people, sitting for a deposition can be stressful. You are the center of attention either by virtual depositions on the computer or in a room full of lawyers, a court reporter is recording everything you say, and saying the wrong thing can potentially jeopardize your personal injury claim. By preparing thoroughly, not only can you relieve some of this stress, but you can also go into your deposition feeling confident that you know what to say—and what not to say—while you are under oath.

10 Tips to Prepare for a Deposition in Your Personal Injury Case

So, what can (and should) you do to prepare for your deposition? Below are 10 tips from Cape Coral accident lawyer Randall L. Spivey.

1. Focus on Telling the Truth

First and foremost, when preparing for a deposition after an accident, you need to focus on telling the truth. Not only will you be under oath, but the insurance companies will be looking for any excuse to call your personal injury claim into question. If you are dishonest in any respect, the insurance companies will use this against you.

It is also important to remember that your deposition testimony will be just one of several pieces of evidence that is available in your case. So, if you misrepresent what happened in your accident or how the accident has impacted your life, the insurance companies may have other evidence they can use to show that you are being dishonest.

2. Do Not Be Afraid to Say, “I Do Not Know”

With this in mind, you should not be afraid to say, “I don’t know.” It is far better to say “I don’t know” than to make something up or to make assumptions (as we discuss below). This is a perfectly reasonable answer to many of the questions you may receive during your deposition, and since you aren’t a legal or medical expert, you aren’t expected to know for certain what caused your accident or how much the accident is going to cost you in the future.

3. Review the Facts of Your Case

While you can (and should) say “I don’t know” when this is an honest answer, you should also review the facts of your case to prepare for your deposition. This will help you feel confident answering basic questions, and it will help you avoid appearing evasive or unconfident. If you can clearly state the facts you know and steer away from answering questions about those you do not, this will go a very long way toward advancing your claim for proper compensation.

4. Know When to Consult with Your Lawyer

You have the right to legal representation during your deposition, and we strongly recommend having your lawyer by your side. Your lawyer will be able to object to inappropriate questions, and your lawyer will also be able to advise you as necessary.

With that said, you should know when to consult with your lawyer. While you can (and should) request to speak with your lawyer in confidence when you have questions or concerns, you should not turn to your lawyer after every question that is asked. This will be a key part of your preparations, and your Cape Coral accident lawyer will be able to provide examples of when you should stop and ask for advice.

5. Be Prepared to Listen Carefully

You need to take your deposition seriously. Even though the attorney who is questioning you is on the other side, you need to remain attentive and listen carefully to the questions asked. Your deposition could last several hours, and for many people, staying focused for this long takes practice.

6. Focus on Answering the Specific Questions You Are Asked

Part of the reason why you need to be prepared to listen carefully throughout your deposition is that you need to focus on answering the specific questions you are being asked. If you miss a question or do not understand what you are being asked (which is totally fine), you should ask for clarification.

7. Do Not Make Any Assumptions

If you miss a question or do not understand what you are being asked, you should not make assumptions. Likewise, you should not make assumptions about what the attorney on the other side is trying to elicit with a particular line of questioning. Focus specifically on the question posed, and if your answer is “Yes,” “No,” or “I don’t know,” then that is all you need to say.

8. Do Not Be Shy About Correcting Any Mistakes You Make

While the purpose of preparing for your deposition is to avoid mistakes, you will almost certainly make at least a few mistakes during the process. This is completely normal. If you make mistakes, you should not be shy about correcting them. Even if you realize that you need to clarify something 15 or 20 minutes later, you can—and should—interject to set the record straight.

9. Focus on Staying Calm

Depositions in personal injury cases are adversarial by nature, and while most attorneys will remain professional throughout the process, tensions can start to flare in some cases. If you start to feel angry, agitated, or flustered, it will be important to remain calm. Your Cape Coral accident lawyer can interject, if necessary, but you should also not hesitate to ask for a break if you feel like you need to calm your nerves.

10. You Cannot Overprepare (But You Can Underprepare)

Finally, while you really cannot overprepare for a deposition in your personal injury case, you can definitely underprepare—and this is not a mistake you want to make. Sitting for a deposition is an important step in the process, and again, you need to take it seriously. To make sure you are as prepared as you can be, you should consult with an experienced Cape Coral accident lawyer about your case as soon as possible.

Request a Free Consultation with a Cape Coral Accident Lawyer Today

Randall L. Spivey has litigated all types of cases involving personal injury and wrongful death. He has focused his entire career of over 29 years to representing those injured in Southwest Florida. He has been selected for Florida Super Lawyers for 11 years. He is also Board Certified by the Florida Bar Association as a Civil Trial Attorney.  In Florida, only 1% of the lawyers are Board Certified in Civil Trial Law. 

Do you need to consult with a Cape Coral accident lawyer? If so, we invite you to reach out as soon as possible. To request a free consultation with Randall L. Spivey, founder of Spivey Law Firm, Personal Injury Attorneys, P.A., please call 239-337-7483 or Statewide call 888-477-4839 or contact us online at Spiveylaw.com today.