Incredibly responsive, caring and has a true passion in fighting for the rights for the victims. To get you to talk more, of course. Without doubt, the advice here is a bit generic. How far did your car lunge forward? Your evaluation can drive your preparation. You can always take a moment to talk with your lawyer off the record. You must prepare your client as if you are preparing her for trial and with the assumption that everything your client says . If the lawyer never asks about something, dont worry about it. Physical exertion category of work prior to accident(sedentary, light, medium, heavy or very heavy); Events on day of accident, in great detail; Conversations with adverse party and witnesses on the scene; Your role and responsibility for the accident or event, to show contributory negligence; Chronological medical history subsequent to day of accident, with treatment by each physician; Timetable for acute and chronic stages of your injury; Prior and subsequent accidents with injuries, if any, of any type (fall down, vehicle, workers compensation, etc. Ryan Wechsler is by far one of the best lawyers around. You may add to your answer by saying: To the best of my recollection . You cannot lose site of the fact that a central part of any case is in its specific details. If your client is shy and nervous, then you might need to do extensive preparation to put your client at ease. Your responses to deposition questions need to be consistent with the answers in written discovery. It is much harder to lie or conceal something during a deposition, where follow-up questions can trap you should you choose to go that route. So Im pretty sure it was yellow.. The witnesss social media accounts. Dont let this dissuade you from telling the truth in your deposition. In this situation, you could have a friend or family member read the complaint and then write out questions they have about what happened. This group has gone above and beyond for my case. I got a recommendation from a good friend to use them, and I was not disappointed. Lyle was a pleasure to work with, he delivered on his promises. Totally grateful for all who helped get me behinds the scenes to get a fresh start. If youre ever in need of a great legal team give them a call. This website constitutes Attorney Advertising. Do not tell the examiner where he or she may find the answer, either. A proactive approach will give you and your client the strength to make this landmark moment go favorably. Remember not to give your client the answers. After you have prepared yourself, the next step is to meet with your client in advance of the deposition. There are many opportunities for impeachment. The defense attorney may even joke around a bit. Every step of the case, Mr Jean and Daniela kept me as well as my family involved in every detail. They went above and beyond and fought for me. If youre done answering the question, and the defense attorney is silent, let him or sit there until the awkwardness makes him or her uncomfortable enough to ask another question. The defense attorney is not only evaluating your answers, but how you will be as a witness at trial. His entire team (Daniela & Helen) was amazing. Your attorney cannot give you answers, even to stupid innocuous questions. You may identify advantageous information in the clients medical-intake forms or pain diagrams or a doctors handwritten chart notes that might not make its way into a physicians final report. Every case has its specifics, and those specifics need to be part of what you and your lawyer talk about in getting ready. The communication worked great, they had the patience to explain all the details to us and were responsive to our questions. All my questions and concerns were addressed quickly. by the author. For someone who has not been through it before a deposition can be an odd and slightly scary experience. Time, distance, speed, amount there is nothing that clients get wrong more often and get made to look like liars because of things related to numbers. The positioning of the plaintiffs body matters namely, whether your client braced for impact, gripped her hands on the steering wheel, swayed from side to side, or twisted in any way, for instance. 2023 If the defense lawyer wants more information, she can ask more questions. This article was co-authored by Clinton M. Sandvick, JD, PhD. I couldnt be more happy with there service!!! In this Ultimate Guide, trial lawyers will learn my 5 step process with deposition preparation so that you Talk about specifics ahead of time with your lawyer. For example, How long were you at the red light before you were hit from behind? What color was the defendants car? What was the substance you slipped on at the grocery store?. If you think the defense attorney is trying to intimidate you, tell them you need to take a break, and then talk with your attorney about it. Whether someone else was in their meetings with their lawyer. Alex is amazing! Listen to the If you are told that your deposition is going to be videotaped, dont worry. All you need to do is respond to the questions asked. Additional to a very very good settlement amount, Lyle and his staff were a pleasure to work with. Are you likable? Most plaintiffs erroneously believe that the deposition is their chance to tell their side of the story. While most people have been conditioned from television and movies to believe that opposing counsel will be openly hostile to you at all times, this hardly ever occurs in real life. []. Your lawyer will be there with you. If you dont have time to do a mock deposition, then look for videos your client could watch. If your client lies, then this information could be introduced at trial to attack your clients credibility. This was my first time having to hire for this type of service and am honestly thrilled to have been referred to such a diligent, efficient and caring team. They solved my issue with one strong letter and avoided a bad situation and lots of time and $$$ saved. Alex Jean made me feel taken care of and always answered my calls. In every case, the facts of the underlying incident guide that essential last 10 to 20% of advice and counsel. Counsel does not want to hear anything about any subjects selected by you. % of people told us that this article helped them. At a minimum, you should review your Complaint (the document your attorney prepared to kick off the lawsuit), your interrogatory answers (written answers to questions submitted by the defense attorney which you signed under oath), and the accident report, if there was one. So grateful to have had Alex Jean as my lawyer and Renee as my paralegal. Your demeanor, appearance and veracity will all be judged to one degree or another. Home - Personal Injury - The Plaintiffs Deposition Be Smart and Be Prepared. You can change any answer which you later realize is incorrect or incomplete. I highly recommend Lyle Long and his firm. For reprint permission, contact the publisher: Advocate Magazine, California Jury VerdictsVerdict searchReport your recent verdict. Web/ How to Prepare for a Deposition as a Plaintiff Before any criminal or civil trial, a deposition must be taken. The person/people you are suing have the right to be present at your deposition (though they wont participate directly). By the end of this article, you should feel more comfortable with what you need to do to give a good deposition. In deposition, it can be deadly to your case. Lyle was available to answer my questions and concerns at any given time, and would have no problem explaining any part of the process that I wasnt sure of. It is not to be combative or argumentative. 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. By contrast, a sophisticated client who has given depositions or trial testimony before might need less hand-holding. It has been a huge relief to know I am taken care of and in good hands. Pretty much anything the bad guys lawyer chooses to ask you, the litigation rules let them get away with. WebAt depositions, a person appears at a specified time and place and gives sworn testimonyunder oath, usually with a court reporter there so a record is made for the I immediately called Alex and he was on the case. In a personal-injury case, this means reviewing all of the plaintiffs medical records, especially those which have been subpoenaed by the defense. . or I cannot be certain, but . Think before answering. So far from what I hear from other people about their cases Mr. Alex Jean is the best. He is very patient and has no problem being an advocate for you. You will have the chance to either learn why it is not an issue of concern, or to work on the issue so you are prepared to offer an honest non-harmful answer, Pingback: The Independent Medical Examination: Be Careful | Idaho Injury Lawyers Blog, Pingback: The Insurance Adjuster Wants A Recorded Statement: Tips For Doing It Right | Hepworth Holzer, During one of the most difficult times my family has ever gone through, the firm of Hepworth Holzer was our saving grace. The defense moves from solely relying on paperwork to assessing your client in the flesh. I will always look to them to tackle what comes their way and fight for me.P.s. In normal conversations we naturally fill in holes in the story with certain assumptions and guesses. Whether the witness has testified before in a case. Of course, this brings me to my next topic. A witness might have stated that she saw your client run through a red light. They had everything under control and dotted all the is and crossed all the ts. If any question is unclear, or you are not sure of the answer, you have the right to ask for the question to be rephrased or repeated. At the end, you can review your clients answers and talk about how they can improve their presentation. Perhaps she was experiencing the most excruciating pain in her back at that time, so that is what she emphasized to the doctors? Where would he have gotten that information, if not from you? The easiest way to deal with these records is to stick to your guns as to the facts and not try to explain records that you didnt create: I told Dr. Jones that I was wearing my seat belt, because I was. For example, if you are sued for a traffic accident, the lawyer might ask: What color was the light when you went through the intersection? Your first instinct might be to ramble: I think it was yellow. What you say is being recorded in black and white, dont make jokes, dont engage in banter, dont try to answer the next question, just sit quietly. And they do this because it works to undermine your claim. With respect to substantive preparation with your client, you will want to discuss three essential topics: (1) the incident itself; (2) your clients injuries and treatment; and (3) the before vs. after, or lifestyle changes, physical limitations, and general damages. This is a subset of dont guess or assume. You should not guess at any answer. It is our job to try to quell the fears that may be associated with this seemingly unnatural exercise. Take the edge off, and let the client know you will be by her side the entire time. Hopefully, you got this at the accident scene. If your client is sure he did not, then you obviously cant have your client agree with the witness. The deposition is based on your knowledge and memory alone, not your attorneys. The reality is you probably dont. Let your attorney know you want to read and sign! I hired Alex Jean for a personal injury case and little did I know I was going to get world class treatment.I was referred to the best Chiropractors in Miami and then when I moved to St.Pete the LJW team had great connections there too.My Tesla is as good as new, my back is recovering and not to mention the settlement from the insurance. Get over your fear of feeling stupid for not having an answer to what seem like simple questions. There may be times where the lawyer on the case, who has more knowledge about a specific case, thinks a different approach should be taken. You should have copies already. Every case is unique. Be prepared. ); 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. If the defense attorney fails to ask you about something that you consider important, dont worry about. Anything youve ever said can and will be used against you. The witnesss arrest and conviction record. Answer as briefly as possible. I am advising you to not volunteer information if a question has not been asked. Counsel will cover at least the following topics in some detail: You should take another look at your medical records. And do not be shy about this. Some attorneys are thinking on their feet with their next question, so its oftentimes unintentional on how the question comes off. Copyright For example: If you are asking if I ever had a neck pain before this accident, Im sure like everyone, Ive had a stiff neck. Most plaintiffs attorneys can work with the truth about your physical condition to recover you a fair settlement or judgment. He is a very professional, respectful, knowledgeable, enthusiastic, and an honest lawyer. Your deposition is not your opportunity to tell your story, but instead the defense attorneys opportunity to obtain what he or she wants, and only what the attorney wants, from you. By signing up you are agreeing to receive emails according to our privacy policy. More and more, its common place for the deposition to be videotaped. Both men and women should wear appropriate footwear, such as leather shoes. That is who will ask the questions. Lyle proved exceptional at handling my case. I was looking at it as I drove through the intersection. Or you could say, It was yellow and wait for the lawyer to follow up and ask how you know. However, perfect consistency might not be possible. But there is also what I call the basic tool chest of deposition skills. The decision to hire an attorney is an important one. Aside from surveillance, what will your friends, neighbors, co-workers, etc. Ask to confer with their attorney if they want. I am not advising that you withhold information in response to a question which has been asked. Dont try to hide or run away from troublesome facts, let your lawyer deal with them. You cannot forget a primary reason of nearly every deposition for the bad guys attorney is to make you look like you are lying. Jess was there to help me orchestrate things as the time got closer to settling and was very transparent with me about the process. They are excellent.Thank you Ryan,Latia J, Contact Our Pompano Beach Personal Injury Law Firm. No matter how good, or bad, your case is in the abstract, a lying plaintiff simply starts the funeral march towards an unfavorable result at trial. These are questions that get to the details of your memory of the event at issue. 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. Call Now our lawyers in Oklahoma City about your FREE Case Review. This is the essential difference between depositions and normal conversations among ordinary people. These can be as benign as getting a date wrong to as severe as stating that you werent wearing a seat belt (when you were) or that you have a prior injury, which you dont. Likewise, their [], How do I report an accident to State Farm? Your attorney has told you that your deposition has been set by the defendants attorney (make sure the date and time are good for you you should have been consulted about this before it was set, but if for some reason you need the date and time changed, the sooner you speak up the easier it will be). So if the doctor writes unrestrained on your first patient visit, its probably going to be repeated over and over (and maybe even by other doctors who took their histories from the first doctors records). Answer as many questions as possible with a yes or no answer, and do not give a narrative unless required. If youve just been in a collision, dont worry reporting an accident to State Farm is straightforward. You should calm down quickly when it starts and you get into the groove of answering questions. WebDeposition Tips 1. The goal of the deposition is not to tell your whole story. But, both later settlement negotiations and any eventual trial may result in disaster unless that deposition goes well. It is not lying, it normal. Human beings dont do numbers very well. Instead, you could answer, The light was yellow. You may unveil that the plaintiff did not complain about her knee injury until later on. In a trip-and-fall case, you can also use a visual (a photo) to have the client mark the exact area on the sidewalk where she believes she tripped and fell. Do you come across as honest? A chronology of events should be outlined to the extent possible, but speculation or conjecture concerning precise descriptions, accounts, measurements and timelines should be avoided at all cost. The video deposition can actually be your friend. I was immediately drawn to him with his charisma, genuineness and him being a Local product of South Florida. Thank you all for your excellent care. The written transcript will make it appear that you just gave one long answer without any break. WebPreparing For The Plaintiffs Deposition. Today, depositions are usually videotaped or the questions and answers are taken down by a court reporter. 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.. But rest assured, anyone can get prepared to do a good job at it and be ready. One standard defense lawyer tactics is to try to get you to make a mistake by asking a question in absolute terms, i.e., Tell me everything, Thats all the problems youve had?, etc. Alex is the man!. You are nervous. LJW legal team is by far the one you want to represent you for any personal injury case you have. A deposition is an unfortunate time to talk about a knee injury that no doctor noted you had. If you guess at an answer you simply cannot be telling the truth in response to the question. Now why would Dr. Jones say that you were an unrestrained driver? It is just to answer the bad guys lawyers questions. If you can answer with yes or no, then you should do so. I feel like I was front and center all the way through. For example, if the lawsuit is a breach of contract case, then you will want to ask questions about (1) the negotiation process, (2) the contract, (3) the witness breaking the contract. Be sure you heard and understood the question, Answer the Question, the Whole Question, and Nothing But the Question, The Plaintiffs Deposition: Tips For Witnesses In Injury Cases, The Independent Medical Examination: Be Careful | Idaho Injury Lawyers Blog, The Insurance Adjuster Wants A Recorded Statement: Tips For Doing It Right | Hepworth Holzer, Common Causes of Truck Accidents in Idaho and How to Avoid Them. She was ferocious in negotiating. The second purpose is to obtain any information that might be used to impeach you in the event that the case goes to trial. Not only is Mr Jean a tremendous attorney, he is a true gentlemen and has true compassion for his clients.I highly recommend Mr Jean and his team for any of your legal needs. Good attorneys take the time to prepare their clients for the strange world that is the deposition room.

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