Deposition

Occasionally, a defendant must give deposition as the Carrier is seeking specific information. More often than not, they are trying to get a sense of you. The carriers attorney reports back to their client, and the claims adjuster. What are you like? Are you honest? How disabled are you? Are you ever going to return to work? What type of medical care do you need to recover?

Prior to your deposition, if you have specific questions about your case, write them down so you don't forget what to ask.

Basic rules you should keep in mind
Most depositions take about two hours. You should be prepared to testify for at least that long. There is no way to know in advance how long your testimony will take. There is no specific dress code, other than to wear something comfortable.

The deposition is a question and answer session only. Your attorney will be by your side as you answer questions by the defense/clients' attorney. The court reporter takes down everything that is said, to create a transcript. You will have the opportunity to review your testimony. This is not the time to tell you story, this is a question and answer session only.

Listen to all questions that are asked. Only answer what has been asked of you. Most of the questions can be answered with a yes or no.

Occasionally, the answer will require a short answer. For example if the defense attorney asks if you have children, the answer would be yes or no. You should not be telling the defense attorney that you have three children, two of which are married, one in reform school, etc. If the defense attorney wants to know that information, they will ask you. Otherwise, only answer what was asked.

If you answer, then you understood the question. Do not answer if you do not understand the question. Simply say you do not understand, and the defense attorney will rephrase or repeat the question.

Do NOT guess. IF you do not know an answer, say so. It is perfectly acceptable to say that you do not recall or you do not know.

The defense attorney is entitled to know 'what you know' as you sit there during your deposition. You are not required to study before you answer.

For example, if the question was when was the last time you went to the doctor? If you were certain about the date, you would testify to the specific date. Otherwise, you might be able to testify to your best estimate, ie, it was last week or a month ago. The answer is not a guess, but your best estimate.

If you need to take a break at any time during the testimony, just say so.

If you are unsure how to answer a question, you should ask for a break to speak with your lawyer outside of the room the deposition is being taken in.

You can also sit and/or stand while providing answers. If you feel physically unable to continue, let your attorney know. We will re-schedule your deposition. However, the rescheduling the deposition so that your testimony can be completed will prolong your case.

IF your attorney is objecting to a question, DO NOT ANSWER. Objections are rare.

The defendants can ask questions that are relevant or lead to the discovery of relevant information. The defendants can ask a lot of questions you may think have nothing to do with your worker’s compensation case.

The defendants will ask if you have ever been convicted of a felony. Typically a felony conviction results in spending more than one year in prison as a result of the conviction. PLEASE be certain to tell your attorney prior to your deposition preparation about all arrests, misdemeanors or felony convictions, whether you think they are important or not. Surprises are never good. Your attorney needs to be prepared and need to prepare you for your testimony.

Do not bring items with you, unless we specifically ask you to do so. You do not need to study any items or reports before the deposition begins. Do not volunteer to provide additional information to the defense attorney. For example, when asked for an address of your physician, do not volunteer to drive by the doctor’s office and then call him/her with the information later. Do not respond to a question by saying let me check my notes or calendar. Once you tell the defendants about additional documents, ie a calendar, diary at home, they can ask to see it.

Only one person can talk during the deposition at a time. The court reporter literally types everything that is said. It is difficult to type what two people are saying at the same time. Do not talk over the attorney. Allow the attorney to completely finish his/her question before you answer. In addition to creating a record, you need to know what you are answering before you answer it. All answers must be audible. That means, you can not nod your head. The court reporter can not take down non verbal responses. Similarly, you can not point to a body part and say it hurts here. You need to say it hurts on the top of my head or bottom of the right foot, or wherever.