Deposition is a testimony under oath which is, in an injury case, normally taken by the attorney who represents the insurance company of the driver who is liable for your injuries. Deposition testimony is one, significant opportunity for the opposing counsel to meet you, find out the details of your injury case, but also - just as importantly - assess your personality. Are you a calm and likable person with charismatic personality or someone who the jury of 12 strangers will not particularly like? This might be much more important than the nature of the injuries you sustained, your wage loss, and your pain and suffering.
- Why? Let's face it. Everyone has their own issues and problems they have to deal with. No matter how serious your injuries are, the members of the jury or their friends and relatives had or have equally or greater pain than you do, so they don't have much room left for sympathy. Most of us are generous to those people who we like and respect. The same applies to the jurors. The jury is usually generous to those plaintiffs who they like. The attorneys are aware of that. If the deposing attorney find you to be a likable, emotionally stable person, who doesn't have a victim mentality and who doesn't blame the world for all of his/her troubles, it will help your case, as the opposing counsel will have an incentive to settle the case, rather than put you in front of the jury who will likely award you significant damages.
On the other hand, if you are easily destabilized, confrontational, generally angry and unpleasant, the deposing attorney will be less inclined to recommend fair settlement to the insurer, knowing that he has a good chance "crushing" you in trial, so why settlement for a significant amount of money.
So, make sure you prepare yourself not only substantively but also mentally to make a good impression on the opposing counsel, not to get angry even if what the deposing attorney says or asks you sounds untruthful or offensive to you and make the best impression possible, regardless of the attorney's behavior during the deposition.
- Why? Let's face it. Everyone has their own issues and problems they have to deal with. No matter how serious your injuries are, the members of the jury or their friends and relatives had or have equally or greater pain than you do, so they don't have much room left for sympathy. Most of us are generous to those people who we like and respect. The same applies to the jurors. The jury is usually generous to those plaintiffs who they like. The attorneys are aware of that. If the deposing attorney find you to be a likable, emotionally stable person, who doesn't have a victim mentality and who doesn't blame the world for all of his/her troubles, it will help your case, as the opposing counsel will have an incentive to settle the case, rather than put you in front of the jury who will likely award you significant damages.
On the other hand, if you are easily destabilized, confrontational, generally angry and unpleasant, the deposing attorney will be less inclined to recommend fair settlement to the insurer, knowing that he has a good chance "crushing" you in trial, so why settlement for a significant amount of money.
So, make sure you prepare yourself not only substantively but also mentally to make a good impression on the opposing counsel, not to get angry even if what the deposing attorney says or asks you sounds untruthful or offensive to you and make the best impression possible, regardless of the attorney's behavior during the deposition.
RSS Feed
