Depositions may be used in some personal injury cases in Missouri. These are usually formal face-to-face meetings before a case reaches the settlement or trial stage. An attorney asks questions under oath to one of the parties in the lawsuit. The meeting is recorded, and a court reporter is present. Occasionally, written depositions are arranged.
If you are facing a personal injury deposition, it can cause some anxiety but do not be too concerned—a little preparation will help you enter the process with confidence and peace of mind.
With the right preparation, you can ensure that what you say helps you claim full and fair compensation for your injuries.
Why is a personal injury deposition required?
If you file a personal injury lawsuit in Missouri, the defendant has a legal right to find out what information you have and what your injuries are.
Depositions help determine the true facts of a case and witness credibility and are, therefore, often considered essential evidence.
The deposition process is intended to gather the necessary information to settle the case. Sometimes, however, the facts are disputed, and the case proceeds to trial. If so, the information from the deposition is likely to be used in court.
How to prepare for a personal injury deposition
If you are subpoenaed, you must attend the deposition. Failure to do so may result in a contempt of court charge—and you would still be required to fulfill your responsibilities with the deposition.
The deposition date will be known well in advance to give you time to prepare with your personal injury attorney. It is best to dress smartly—as you would for a job interview.
Your lawyer can attend the deposition meeting with you. As well as providing valuable support and guidance, your lawyer can object to questions if they go beyond acceptable questioning practices. In most cases, you will be treated with politeness, respect, and professionalism by the opposing counsel.
To prepare for the deposition, it is a good idea to:
- Consult your personal injury attorney if you have not already done so; your attorney will ensure your rights are protected and help you prepare for the deposition.
- Do your homework and familiarize yourself with the main details of the case and the evidence/documentation you have—including any key dates.
- Review the information you have already provided to the defendant (if applicable) so that you maintain consistency and clarity—or can correct any mistakes or misunderstandings during the deposition (as guided by your lawyer).
- Understand the types of questions you will be asked by the defendant’s attorney and prepare precise and succinct answers.
- Practice questions and answers with your personal injury attorney in advance of the deposition date—so that any mistakes are made with your attorney and not with the opposing counsel.
What questions can you expect at a personal injury deposition?
When you file a personal injury lawsuit in Missouri, the opposing counsel will usually be looking for ways to minimize the settlement or transfer liability away from their client.
The types of questions generally asked in personal injury cases focus on the following topics:
- Personal information about you, your family, your employment, etc.
- Health information—before and after the injury occurred, including any pre-existing health conditions or injuries suffered
- Details on how the accident occurred
- Details of any claims filed or reports made
- The details of any witnesses or other people present when the injuries were caused
- Details about the medical treatment sought and administered after the accident—and the precise timing of the treatment
- Information on your recovery, how long you were away from work, and the wider impact on your life
- What the injuries have prevented you from doing
- The financial losses you have incurred from the injuries
- Any previous history of litigation or personal injury claims
- Any criminal record details
Generally, you should not refuse to answer any questions in depositions. Your lawyer will step in if necessary and remember that it is fine to say you “don’t know” or “cannot remember.” Never answer a question that you do not understand.
If you are respectful and polite and stick to the facts of the case as determined by your personal injury attorney, the information you provide should help you achieve a favorable outcome in the case.
What are the biggest mistakes people make during personal injury depositions?
If you prepare adequately for your deposition and attend with a seasoned personal injury lawyer, you should encounter very few problems.
Whenever something goes wrong for the plaintiff in a personal injury deposition, it is usually due to one of the following reasons:
- Talking too much: keep responses concise—one or two sentences should usually be sufficient.
- Getting frustrated by a line of questioning or not keeping your cool: avoid answering with rashness and emotion and instead provide calm, composed responses.
- Lying: remember that the opposing counsel already knows the answers to many of the questions and may try to catch you out with an untruthful response that can taint the rest of your testimony and harm your case.
- Failing to be polite and respectful to the opposing counsel: this may be viewed negatively by a judge or jury if the case ends up at trial (everything will be recorded).
- Treating the deposition like a trial before a jury: you do not need to try to convince the opposing counsel of anything as they will likely question everything you say anyway to improve their client’s legal position.
- Guesswork or speculation: give precise truthful answers and do not be tempted into guessing or speculating by the questioning.
- Failing to stick to the point: answer only the specific question asked and do not volunteer any unnecessary information.
Final tips on personal injury depositions
Remember, just because an opposing attorney suggests something to be true, it does not mean that it is. The attorney is trained in how to ask questions to get the responses that they are looking for.
Do not be drawn into an argument and, instead calmly state your view of events and what you believe the truth to be.
Also, never talk over the questions. The best approach is to listen to the question and pause for 2-3 seconds before answering it.
For seasoned legal assistance with a deposition in a personal injury case in the Greater Kansas City area, please contact Noland Law Firm, LLC for a free case evaluation. Call us at (816) 781-5055 or contact us directly online.
