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Having your deposition taken is one of the most terrifying parts of lawsuits for most people. Consider these tips for making your deposition experience less painful: Dress for your deposition the same way you'd dress for trial. The person asking the questions is sizing you up, trying to figure out how presentable you'll be to a judge or jury. If you need a break, ask for one. In most states, you're allowed to take a break from questioning when you need one. You should discuss the rules on this with your lawyer before the deposition begins. Take your time. Think about the question you're asked before answering it. Pause before answering. This is not a timed event. Don't volunteer any information. The person asking the questions in not your friend and you don not need to help him/her discover other areas to ask you questions about. Say as little as possible. Answer only the question asked and nothing more. Do not be untruthful, but do not add anything extra. Tell the truth. Assume the person asking the question already knows the answer. Depositions aren't just to discover information, but to lock in testimony or find ways to discredit you at trial. Any inconsistency may burn you later when you're in front of a jury. Keep your answers short. Your best possible answers are short ones, such as "Yes", "No", "I don't know", "I don't remember", and "I don't understand the question". It is best to limit your answers to the information that is specified. Don't argue with the person asking the questions. Your attorney will be in the room with you and can make any proper legal objections to the questions. Be careful what you say on breaks. If the other lawyer or insurance adjuster is present, anything that you say may be asked about later when you are back on the record. If you are asked a question that calls for you to list things or give a detailed explanation, answer fully. In many cases, you may be asked to describe all your injuries or to list all the activities you can no longer perform after the accident/incident. You should list everything fully, and end your response with something like "and that is all I can think of at this time" or "and that is all I remember at this moment". Otherwise, when you add something later at trial, you might look deceptive or worse. Be prepared to describe you injuries and pain. What kind of pain do you have? Is it constant, sharp, dull and constant? Does it ever go away? Where does it hurt? On a scale of 1 to 10, how would your rate your pain? Be wary of the question "Are you feeling better today?" If you answer, "No", it raises the question as to whether all that medical treatment you received was reasonable or necessary. If you answer, "Yes", then perhaps your case is only a mild injury and isn't worth a lot of money. Obviously, you are feeling better today (at the deposition) than at the time the firemen were using the "Jaws of Life" to separate your body from your car prior to taking you to the hospital. You should say so. But if you are still hurting, you need to make that clear too. Be careful answering questions about time. If you know the exact time something occurred, say so, but be prepared to say how you know the exact time. In all other cases, use the works "approximately" or "about". Otherwise, you may look deceptive later if it turns out that some other witness or document shows a different time. Don't guess. If you don't know the answer, say so. Don't be ashamed to admit lack of specific knowledge. If you're asked to guess, and your lawyer lets you answer, be sure to state that you're guessing or that the answer is approximate. Always remember that the person asking the questions is not your friend, but may have a strong influence on whether the insurance company settles your case or pushes you to trial. So be polite and respectful.
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