Understanding the Purpose of Depositions in Personal Injury Cases
Today our video is going to discuss why insurance companies take your deposition.
If you’ve been injured in an accident, whether it’s a car crash, truck collision, or a work-related incident, you may find yourself facing a deposition from the insurance company’s legal team. At first, this can seem like an intimidating and confusing process, but understanding the purpose behind these depositions can help you navigate the situation more effectively.
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The primary goal of the insurance company in taking your deposition is to gather information that could potentially be used to minimize the value of your personal injury claim. By obtaining your sworn testimony, the defense attorneys are looking for any inconsistencies or contradictions that they can later exploit to make you appear untruthful or to downplay the severity of your injuries.
https://www.law.cornell.edu/wex/depositionhttps://www.law.cornell.edu/wex/depositionAs personal injury attorney Mark Cantor explains, “The point of the deposition is to poke holes in your case. They never ask you the softball easy questions. They ask you very specific questions, and they try to make it look like your injuries aren’t that bad.”
The Two Types of Depositions: Discovery and Evidentiary
There are two main types of depositions that can be taken in a personal injury case: discovery depositions and evidentiary depositions.
Discovery Depositions
The first type is a discovery deposition, where the defense attorneys are trying to gather as much information about you and your case as possible. During a discovery deposition, they can ask you a wide range of questions, including:
- Your name, age, date of birth, and social security number
- Where you’ve lived, whether you’ve been in the military, and your discharge status
- Details about your injury, including how it happened and the impact it has had on your life
- Any prior injuries or medical conditions you may have had
- Statements made by other parties involved in the incident
The goal of the discovery deposition is to gather as much information as possible that could potentially be used to undermine your case. Even if certain information may not be admissible in court, the defense attorneys can still use it to guide their investigation and strategy.
Evidentiary Depositions
The second type of deposition is an evidentiary deposition, which is used to gather testimony that can be presented as evidence at trial. This is often done with expert witnesses, such as your treating physician or an accident reconstruction specialist.
In an evidentiary deposition, the attorneys will ask the witness detailed questions about their findings, opinions, and conclusions. This testimony can then be read into the record at trial, rather than requiring the witness to appear in person.
As Cantor explains, “An evidentiary deposition is the deposition that we are using for trial. So the defense may take a deposition of a witness to discover facts like my client, and they may take a discovery deposition of our expert for trial for discovery purposes. But for trial, I may take that witness’s deposition so I may go to our orthopedic surgeon in federal court or even in Missouri state court in workers’ compensation, and I can go and take that person’s deposition for evidence purposes.”
Strategies for Handling Your Deposition
Given the potential consequences of your deposition testimony, it’s crucial to work closely with an experienced personal injury attorney to prepare for this process. Here are some key strategies to keep in mind:
1) Be Truthful and Consistent
The most important thing is to be completely truthful in your deposition. Even minor inconsistencies or contradictions in your testimony can be used against you later on. Your attorney will work with you to ensure that your deposition answers are consistent with the facts of your case and any previous statements you’ve made.
2) Stick to the Facts
When answering questions, focus on providing factual information and avoid speculating or offering opinions. If you’re unsure about the answer to a question, it’s better to say “I don’t know” or “I don’t remember” than to guess.
3) Be Careful with Your Wording
The defense attorneys will be looking for any opportunity to twist your words or take them out of context. Be mindful of your phrasing and avoid using language that could be interpreted in a way that undermines your case.
4) Take Your Time
Don’t feel rushed to answer questions during the deposition. Take your time, listen carefully to each question, and consult with your attorney if you’re unsure how to respond.
5) Avoid Volunteering Information
It’s important to answer the questions asked, but avoid volunteering additional information that the defense attorneys haven’t specifically requested. This can give them more ammunition to use against you.
Protecting Your Rights and Maximizing Your Compensation
Facing a deposition can be a daunting prospect, but with the right legal representation and preparation, you can navigate the process effectively and protect your rights. By understanding the purpose of the deposition and working closely with an experienced personal injury attorney, you can increase your chances of obtaining the maximum compensation you deserve for your injuries.
If you or a loved one has been injured in an accident, don’t go up against the insurance company alone. Call Cantor Injury Law today at 314.628.9999 to schedule a free consultation and learn how we can help you through the legal process.
