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I had two car accidents and neither were my fault I was rear ended both times and now I am suing. I didnt break anything but I always always always have back and neck pain and I am 22 years old! No amount of money will take the pain away so I am not looking for gobs of money...I am going to my deposition this wednesday for both accidents and I was just wondering what to expect...what happens if the deposition doesnt go well??? I know I didnt do anything wrong but I am stil nervous because its something I have never had to do before...

2007-01-29 09:02:37 · 2 answers · asked by Anonymous in Cars & Transportation Insurance & Registration

the first guy fell asleep and smashed into me doing 55 and I was at a complete stop
the second guy was in a semi and hit me when I had to stop for police with lights and sirens on

2007-01-29 09:10:46 · update #1

2 answers

You obviously have an attorney and he should be giving you some basic rules and guidance. He should also be attending the deposition with you to protect your interests.

Here is the general outline of how it will go.

The general attendees will be you and your attorney, the defendant and his/her attorney, and the court steno who will take down EVERYTHING you say (coughs, hacks, etcc... EVERYTHING) that is not specifically cited as off the record. So, keep that in mind before you speak.

There will be some general chit-chat at the start. Some basic ground rules will be set and agreed to and you will be sworn in.

As this is likely the opposing counsel's depo, that attorney will question you. They will surely ask you things like details of the accident, how your health was BEFORE and AFTER the accident, and what you have been doing to help heal yourself. There may be other questions which relate to the allegations in your complaint.

Keep in mind that during a deposition, almost ANYTHING is fair game to ask even if it is barely related.

In general your answers are best done by being honest and straight to the point. Elaboration or explaination is not always the wisest move as it can potentially open the doors for more questions that might be embarrasing. Brief and to the point is a good watchword. Take a moment before answering each one (the steno won't time you) and think about your answer.

Again, your attorney is there to support you and if you have any questions you can ask for a conference with him which will be off the record and private.

I have been thru many depositions because of my work... no two are the same... and none of them have ever been really tough.

Bottom line..

Don't sweat it.
Be Honest (do NOT lie - ever! )
Be Brief
NEVER answer a question that you do not understand completely

ok??

.

2007-01-29 09:31:29 · answer #1 · answered by ca_surveyor 7 · 1 0

If you have an attorney you're paying him to prepare you for your deposition. Having said that, answer the questions audibly (yes and no, don't nod or shake your head) so the court reporter can record your responses. Answer what is asked and offer nothing more than that. If you don't understand the question ask for clarification until you do. Don't look for your attorney to step in much, it's a deposition and you're not in court, so unless he objects to the form of the question, you'll probably have to answer everything.

Perhaps it's my many years handling claims and I'm jaded, but you're not going to get "gobs of money" in all likelihood.

2007-01-29 09:41:17 · answer #2 · answered by Chris 5 · 1 1

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