DEPOSITION TIPS FOR A CAR ACCIDENT CASE
Car accident cases almost always turn on deposition testimony. If you have been involved in a car accident, you know it can, and does, impact every aspect of your life. What you may not appreciate is that your deposition in a car accident case can have an impact on your life that’s even bigger.
If you have been sued in a case arising out of a car accident, or if you are being sued in such a matter, your deposition testimony may be the single most important part of your case.
Here are two simple, but effective, deposition tips that will help you.
1) Don’t be combative
Depositions are by their nature stressful. Often, that leads to a very charged, acrimonious atmosphere. The natural tendency in those situations is to become combative toward the lawyer or lawyers asking you the questions. This is especially true in cases involving car accidents. By their nature, they are almost always “he said,” “she said” affairs, meaning your testimony (or “story,” if you will) is going to be questioned. Whenever anyone’s word is questioned, it is human nature to get your back up and to become combative with the person who is questioning your honesty (even though they may not be doing that, it’s natural for you to feel and assume they are).
In a deposition arising out of a car accident case, the best deposition tips include: DON’T DO THAT!
Instead, know going in that your version of the accident and what happened before, during and after, is going to be questioned. Prepare yourself for the worst and that way, even if the other side’s attorney calls you a bald face liar, you will be ready for it and won’t flinch.
2) Don’t be chatty
The best deposition tips for car accident cases also include the reverse of that situation – that is, do not EVER think the other side’s lawyer is your friend. Many lawyers take the opposite of the pit bull approach and try to befriend the person being deposed. Don’t fall for that. What the other side’s lawyer is trying to do is make you feel comfortable – and lull you in to a false sense of security.
When people get comfortable, they loosen up. They talk more. They become chatty Cathies. That’s exactly what lawyers bank on happening. The more you talk in your deposition, the better it is for the other side. You must answer every question you are asked truthfully and honestly, but that is all. Do not volunteer extra information or try to help the other side’s attorney out because you know what he’s getting at. Trust me, that will kill you at trial when that attorney you thought was so friendly and charming during your deposition takes the transcript of your deposition and crucifies you with it on cross examination at trial. When that happens, the portion of the deposition testimony that is being used to do the skewering is responses that were volunteered by the witness.
These are just two deposition tips that will help you with your deposition in a car accident case. For many more extremely helpful deposition tips, including other tricks of the trade lawyers do NOT want you to know, please visit Deposition Rescue.
Jeff L. Williams is a former trial attorney and co-founder of New Media Legal Publishing, Inc.
