Plaintiffs are often nervous before personal injury depositions. And that makes sense. Most people would be nervous to be peppered with questions by a lawyer under oath in front of a bunch of other people. But on top of that, these events feel like they have high stakes. People worry they will forget things. They worry they won’t understand a question. They worry they will say something “wrong” or make a mistake. And often, they worry they won’t be able to tell their story.
My primary advice to clients as I prepare them for depositions is this: This is not your moment.
What Personal Injury Depositions Are About
To help clients understand this advice, I explain why a personal injury deposition is being taken: the defense is hoping you will say (or do) something that weakens your case.
What’s more, the opposing attorney is going in with some significant advantages. After all, this is what they do all day every day. It’s not just that they want you to say something that helps them, but that they are experienced in getting plaintiffs to do so. They also have all the evidence in the case to help formulate their questions. And you don’t get to know ahead of time what they will ask. You must answer every question, and they don’t have to answer any.
In other words, as the plaintiff, your deposition is defense counsel’s moment, as counterintuitive and stressful as that may seem.
How to Approach Personal Injury Depositions
How should you deal with that dynamic? First, we will prepare you. Part of preparation is to go over some key concepts: Listen to each question. Ask for clarification if you don’t understand the question. Take a moment to think about your answer. Answer the question truthfully and succinctly. If you don’t know, say so. If you don’t remember, say so.
We will also prepare you for what not to do: Overexplain. Try to prove your case and justify your actions. Give a non-answer. Push back on the question. Assert that the answer to their question doesn’t matter. All these tactics make you look defensive. And the defense lawyer has encountered all of them before, and they may know how to weaponize your answers against you.
In short: tell the truth, then stop talking.
The Right Time to Tell Your Story
Throughout the case you will have several other opportunities to tell the full story. How will you recognize those opportunities? Your lawyer will be asking the questions. They may ask some at the end of the deposition to allow you to clarify some things you said to the defense. Or they may want you to write a declaration in support of a motion they’re filing. And at trial your lawyer will ask you questions first to make sure you get to say everything the jury should hear.
Because the time to tell your story is to a jury of your community members—not across a table to a defense lawyer.