Don’t Be Scared, Be Prepared: Notes on Depositions from Episode 55 of After the Crash Podcast

Many clients react with anxiety and discomfort when they hear they’ll be deposed (questioned under oath) by opposing counsel.

In episode 55 of After the Crash, a personal injury podcast, Craig, Kelley & Faultless partner Alex Craig sits down with host David Craig to share an insider’s perspective on depositions, including what they are, how clients can face them with confidence, and what they mean for the future of a case.

What is a Deposition? Will I Have to Be Deposed?

A deposition is a recorded, sworn testimony of a witness or party taken before trial in front of a court reporter.

When you file a suit after experiencing serious injury from a car or truck wreck, it is likely that the defense will take your deposition. As the party filing suit, you are the plaintiff. The defense might be the trucker who hit you, his employer, or another responsible party.

The deposition allows both sides to ask questions and learn the other side of the case. It helps establish the facts of the case and allows you to speak directly to the opposing counsel. In the deposition, you will provide your testimony under oath.

The defense can ask you questions, which you must answer honestly. Your personal injury attorney will be present, and they will have the opportunity to object and ask you questions, as well. A court reporter will produce a transcript of the deposition. Some depositions are video recorded. Almost every deposition taken by Craig, Kelley & Faultless is videotaped.

Today, many depositions are conducted virtually, often over Zoom. Some are still held in person, in attorneys’ offices. On average, a deposition lasts a couple of hours, but they can be shorter or longer, depending on the circumstances of your case.

What Will the Defense Ask Me During Deposition?

Depositions occur in the “discovery” stage of a case, when both sides are trying to determine all relevant information.

In a semi-truck wreck case, the defense will ask about the accident. This includes the circumstances before, during and after the wreck. They will ask about your injuries, treatment, and any future medical care you’ll need.

However, they can also ask about your life outside of the wreck. You might discuss your childhood, schooling, career and personal life. Don’t be shaken by these questions — think of them as a way to share your personality and give opposing counsel a glimpse at who you are as a person.

Remember, you need to be precise in your answers. Make sure the defense is aware of any physical injuries, care you received, if you’ll need future medical care, and emotional distress that you’ve suffered. If your life has been impacted by the accident, let them know. Even small things — losing the ability to tie your shoes or engage in your hobbies — are significant.

These questions aren’t difficult, Alex said in the podcast episode. You already know the answers to all of them, so just be honest.

How You, the Plaintiff, can Prepare for Deposition

Good attorneys make themselves available to help you prepare for your deposition. Some folks need only one session, while others feel more comfortable meeting with their attorneys a few times ahead of deposition, Alex said.

Your attorney can tell you what to expect, who will be present, typical protocol, etc. At Craig, Kelley & Faultless, our truck-wreck lawyers have decades of experience representing injury victims. They are familiar with defense attorneys and their tactics.

It is important to note that your attorney shouldn’t tell you how to answer questions. Preparation is to help you, the plaintiff, feel more comfortable and confident heading into deposition — not to coach you on what to say.

Most importantly, clients must understand: Your deposition will be less formal than a courtroom trial, but it is nonetheless vital to your case.

Your deposition will be the first (and possibly only) time you get to speak face to face with opposing counsel. If your deposition takes place over Zoom, know that your appearance does matter.

Depositions are usually recorded and, if your case goes to trial, can be played directly to the jury. Think of your deposition as a jury’s first impression of you. Dress in business casual attire. Sit somewhere with a plain background and strong internet connection.

“If it’s a deposition, you have to assume a juror is going to watch it at some point,” Alex said.

A Personal Injury Attorney’s Role in Client Deposition

During most of the deposition, your attorney will listen and make sure the defense isn’t doing anything wrong. They can make objections or ask questions to pull other relevant information into the record.

Your attorney should be a calming presence during your deposition. Because all of your prior medical records are on the table, information that isn’t necessarily relevant to the case might be brought up.

If you need a break at any time during the session, ask your attorney. Sometimes, the defense will sound accusatory. They may even try to aggravate you and elicit a negative reaction. Don’t give in. Remember, if you react poorly, the jury could see that and become biased against you.

“Even though it’s more informal, even though it’s not in a courtroom, it is the real deal,” podcast host David Craig said. “It is something that can be used against you, and it has to be something you take seriously.”

At Craig, Kelley & Faultless, we use a team-centered approach to ensure that each aspect of your case is handled by the best attorney for the job. The attorney who helps you through your deposition will be experienced, professional and prepared.

After a deposition, your attorney will receive an errata sheet. This is the finalized transcript of the deposition. You’ll get the chance to read through it and correct any misinterpretations or language issues.

From the Other Side: Defense Attorneys’ Goals

In a lawsuit involving a motor carrier or major insurance company, the goal of the defense is to pay as little as possible. One way to achieve this is by discrediting your story or biasing the jury against you.

Ultimately, attorney David Craig said, defense attorneys have three reasons to take depositions:

• To obtain information: evaluate the case, understand the medical bills and injuries, losses incurred, etc.
• To finalize the plaintiff’s story. Since the deposition is under oath, your account cannot change after this point.
• To evaluate what a jury might think of you. Are you likable? Do you seem friendly?

This last point is important.

Because a jury may see only the recording of your deposition, it’s necessary that you are forthcoming, polite, and genuine. Some defense attorneys resort to aggressive speech to try and intimidate you. Some ask misleading questions to try to get you to guess an answer.

“That’s the easiest way for the defense attorney to win,” Alex said. “To make the plaintiff look bad.”

However, you can use this to your advantage. If you are open and kind, someone with whom a potential jury could sympathize, your case can benefit. Sometimes, when defense attorneys feel that a jury will side with the plaintiff, they’ll go ahead and pay what the plaintiff is asking, as opposed to taking the case to trial.

Which Law Firm Should I Hire for a Truck Accident Case?

There are a few ways to find the best lawyer for your case.

It’s important to remember that not all attorneys are equally qualified, experienced or compassionate. One step you can take: find out if your attorney is board certified in their area of practice by the National Board of Trial Advocacy. David Craig and Scott Faultless of Craig, Kelley & Faultless are two of only 79 lawyers in the United States with board certification in truck accident law.

Experience and connections matter, too. For example, at Craig, Kelley & Faultless, attorneys have decades of experience representing car and truck-wreck victims. They have relationships with experts in accident investigations, post-traumatic stress disorder, lost wages, and more across the country.

Our attorneys are skilled in every aspect of personal injury and wrongful death cases, including depositions. Reach out for a free case consultation today by calling (800) 746-0226 or submitting an online form.

 

David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.