What Should You Do During A Deposition In Your Workers' Compensation Case?

29 September 2015
 Categories: Law, Blog


In some workers' compensations cases, a deposition is required before a decision can be made on whether or not a person is entitled to benefits. What you say during the deposition can impact your case, so it is important that you follow certain rules during the interrogation. Here are some tips for handling a deposition.

Wait to Answer

During the deposition, you should never attempt to answer a question before the lawyer completes it. When you answer a question before it is completely asked, you run the risk of volunteering information that could be damaging to your case. Another reason you should wait is that there is a possibility that your attorney might have an objection to the question. You could inadvertently answer a question that was illegal for the insurance company's lawyer to ask.

Simplify Your Answers

Your answers to questions from the insurance company's lawyer should be simple and to the point. Long, drawn-out answers could also result in accidentally volunteering information. Whenever possible, answer questions with a simple "yes" or "no." If a question requires a longer answer, carefully think of your answer first and give it in the simplest form possible. If the lawyer needs additional information, it is up to him or her to determine what further questions are needed for clarification.

Avoid Arguing

It is important to remember that the insurance company's lawyer is there to learn reasons why you should not get paid for your injuries. Some of the questions that you are asked might appear to be antagonistic. It is your job not to take the bait and remain calm. If you are irritated by the questioning, your attorney can ask for a break while you gain your composure.

If your case does end up going to court, it is possible that the video of your deposition will be introduced as evidence. If you lose your composure and it is played for a jury, the video could work against you.

Be Honest

The idea of being honest during the deposition might seem like a no-brainer, but sometimes, you could unintentionally provide less than honest answers without realizing it. For instance, if you do not remember the exact details of your accident, explain that you cannot recall. If you opt to speculate about the accident, you could provide a dishonest answer that could hurt your case in the long run.

Work with your attorney, one like Paul F Guthrie, before and during the deposition to ensure that you give the best testimony possible. How you conduct yourself during the deposition could lead to a victory in your case.