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We're talking about depositions. In particular, how to present yourself at a deposition. And by that I mean just basically how you present, how you look and speak at a deposition.
I'm going to preface this by saying, speak to your own attorney for advice. This is just informational, some of the things that I tell or suggest to my clients before their deposition. The Importance of Presentation Deposition is very often the first and sometimes the only time that the other lawyer, or I should say even a representative of the insurance company, the party on the other side that will ultimately pay your claim, is getting a chance to see you face to face, to meet with you, hear from you. Almost as important as what you say, in terms of your answers to questions, almost as important as how you say it, how you present. Attorneys are always making assessments of witnesses in terms of credibility, presentation, and likability. Insurance companies really do not pay claims because they're trying to do what's fair or what's right, or what's reasonable in the circumstances. The whole payment of a claim is to buy, it's an exchange of money, money to the injured person, in exchange for a right. So the injured party is giving up the right to have their case decided by a judge and or jury in a courtroom. And so the insurance company will place a value on that right, what they're willing to pay based on what they think their risk is in proceeding all the way through trial. That's basically money, what their money risk is. How to Prepare for a Successful Deposition Although the facts or the evidence are critically important. Lawyers understand that the jury or the trier of fact, whoever's deciding the facts of the case, will also put a lot of weight on the presentation of the person. Are they likable? Are they honest? Do I want to find in this person's favor? So it's really important when you go to your deposition that you remain likable and you present well. So here's a couple things you can do. Few things you can do to help your chances at deposition. What Should I Wear to a Deposition? Dress appropriately. You just wanna look like you have respect for the process. As a general rule, dress like you would for a job interview, look appropriate. You don't have to wear a suit. Show some respect for the process in terms of your appearance. Handling Opposing Counsel The other thing is do not argue with the other lawyer. The examining attorney. Reserve that for your own attorney to do. That's their job. They're there with you. And if the opposing counsel is offside, being rude or aggressive. Maintain your composure. Let your attorney deal with those issues. Okay? Your job is just to convey the information as best you can. State the facts. If the other attorney's rude, let them be rude. Critically important, don't let them pull you into that state of mind, alright? Taking Breaks and Staying Composed You can take breaks, if you feel like you're getting flustered, frustrated, nervous, whatever it might be, that is undermining your ability to answer appropriately. The best bet? If in doubt, request a break. You're entitled to breaks. Now, there are some exceptions to that. If there's a question pending, the opposing counsel would be generally entitled to have the answer before the break, but with few exceptions, they're accommodated. Get some air, so you can go back at it. Avoiding Sarcasm and Humor Another important point, avoid sarcasm. At all costs, never, ever, ever be sarcastic. At the end of the deposition, we're left with a transcript. It does not pick up sarcasm. Your words will be taken at face value. It doesn't pick up the mood. It doesn't pick up the humor, any of that. So avoid humor, avoid sarcasm. Stick to the facts. Staying On and Off the Record There's no such thing as off the record. Some opposing counsel, very likable and charismatic. You go off the record, you'll hear that. Time for a break or lunch or whatever. Off the record, you might say something because you find some similar interest between you and the opposing counsel. You guys might start talking about phishing or something. And even though it's off the record, I can almost guarantee any information you share with the opposing lawyer will probably be used against you once you're back on the record and it's being recorded. So if you do take a break, use it as a break. When you're back in to do your deposition, then it's all on the record. Being Truthful and Honest in Your Answers Don't exaggerate. Obviously in preparation for your deposition, speak to your attorney about the evidence that you're going to give, but avoid exaggeration. It's usually obvious to the deposing lawyer that you're exaggerating. It undermines credibility. Understanding and Answering Questions So a common question clients ask is, you know, do I have to be concerned with trick questions or is the other counsel going to try to mess me up and trick me? And that's really the domain of your own lawyer. They're, they're going to be seated right there with you. If it's not a proper question, that's the role of your lawyer, but also you should be aware. So if you don't understand the question, if it's not clear to you what the, what the examining lawyer is asking you. Don't answer a question unless you understand it. If you don't understand, simply tell the lawyer, I don't understand the question. Most attorneys at the outset will tell you, if you don't understand my question, let me know. I'll rephrase it. If you don't hear my question, let me know. I'll restate it. So unless you've heard the entire question and unless you understand it, make sure you let the other lawyer know so that it can be either restated or rephrased. But in terms of beyond that, if it's a trick question, that's also a helpful way to alert your own attorney that maybe the question is convoluted or not clear. If your lawyer has anything to add, can add, can add his own objection at that time. The Role of Credibility in Your Personal Injury Case So these points really are, are more about your presentation, your likability, your respect for the process, your credibility. And not so much information about the evidence you're giving or the subject matter you're talking on. Keep in mind these are just important points for presenting well in terms of a person that's likable. Because after the deposition, what the other attorney is going to do is they're going to write a report to their client, typically an insurance company, and that report will summarize your evidence, the facts, as you recall them. The evidence you're giving with respect to how the event occurred, the injuries, the impact on your life, etc. But also, there's a big part of that report that talks about you as a witness. Are you likable? Are you credible? More importantly, will a jury find you likable and credible? Will they side with your version of events? Do your version of events sound credible or are they exaggerated or don't make sense? That's almost as important as sometimes, in some cases, might be more important than the evidence itself. About the injuries, the impact it has on your life. Because that evidence can be gathered through other sources as well. Your medical records will talk clearly about your injuries, your symptoms, the treatment, the diagnosis, etc. Your employment, if it's impacted, can come from employment records and co workers and managers. But your own credibility, you're the only one in control of that. And so that's, that's really critically important that you want to make sure you present in a way that it doesn't hurt your case. Because what you don't want is the insurance to say, well, okay, it's an accident, but this person would be a terrible witness at trial. They're a below average witness. A jury will hate them. A jury won't believe them. A jury's not going to like them. A jury's not going to be favorable to them. Because that could actually undermine the value of your case and cause an insurance company to offer you less money than you deserve. Have Questions? Contact Us Today! I hope you found this video informative. If you have any questions, feel free to reach out to us. We're available 24/7. We're happy to provide you with a free consultation. Thanks for watching.
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As 2024 draws to a close, we at Iacobelli Law Firm find ourselves filled with immense gratitude for the experiences, opportunities, and relationships that have shaped this remarkable year. It has been a year of significant milestones, expansion, and unwavering dedication to serving our clients across Ontario, Florida, and now Texas.
Expanding Our Reach This year, we proudly extended our legal services to the great state of Texas, broadening our reach to provide compassionate and skilled legal representation to even more individuals and families in need. This expansion reflects our commitment to making a positive impact on the lives of those who have suffered serious injuries due to the negligence of others. Welcoming New Team Members To enhance our ability to serve our clients effectively, we welcomed several talented and dedicated professionals to our team. Their expertise and commitment have strengthened our capacity to provide personalized attention and exceptional legal counsel to each individual we represent. Fighting for Justice, Securing Millions Throughout 2024, we remained steadfast in our pursuit of justice for our injured clients and their families. We are humbled to have recovered millions of dollars in compensation, enabling them to rebuild their lives and move forward with hope and dignity after experiencing life-altering accidents. Championing the Catastrophically Injured Our passion for helping those who have suffered catastrophic injuries has only grown stronger this year. We have dedicated ourselves to providing unwavering support and advocacy to individuals and families facing extraordinary challenges. Their resilience and strength inspire us every day. Giving Back to Our Community This year, we were honored to give back to the communities we serve in various ways:
A Heartfelt Thank You To our clients: Thank you for placing your trust in us during challenging times. Your strength and resilience inspire us every day. To our team members: Thank you for your hard work, dedication, and unwavering commitment to our clients. Your passion for justice is at the heart of everything we do. To our colleagues and partners: Thank you for your collaboration and support. We value the relationships we've built and look forward to continued collaboration. Looking Ahead As we reflect on the blessings of 2024, we are filled with optimism for the future. We remain dedicated to providing exceptional legal services, fighting for justice, and making a positive impact on the lives of our clients. Do You Need Help? If you or someone you know has been injured due to someone else's negligence, please don't hesitate to reach out to us. We are here to help you navigate the legal process and fight for the compensation you deserve. From all of us at Iacobelli Law Firm, we wish you a happy, healthy, and fulfilling New Year!  When a loved one suffers a spinal cord injury in a car accident, the world shifts on its axis. Suddenly, you're facing a whirlwind of emotions – fear, confusion, anger. At Iacobelli Law Firm, we have been helping families in Ontario navigate these challenging times for years, and we're here to offer you support, guidance, and unwavering advocacy.
First Steps: Focusing on Your Loved One's Care Right now, your priority is your loved one's well-being. Know that Ontario has a network of exceptional medical professionals ready to provide the best possible care. Hospitals like St. Michael's, Sunnybrook, and Toronto Western are renowned for their expertise in trauma and spinal cord injuries. They'll work tirelessly to stabilize your loved one and begin the journey toward recovery. Understanding Your Rights: A Path Forward While you focus on your loved one, it's important to know that you're not alone in this journey. Ontario's no-fault insurance system provides crucial benefits for catastrophic injuries, regardless of who caused the accident. And because spinal cord injuries often qualify as catastrophic impairments, you'll have access to enhanced support, including:
Beyond No-Fault: Seeking Full Compensation While no-fault benefits offer a safety net, they may not cover all the long-term costs associated with a spinal cord injury. That's where we come in. We'll fight tirelessly to hold the at-fault driver accountable and secure the compensation your family deserves, including:
The Road to Recovery: Rehabilitation and Beyond Rehabilitation is a critical part of the journey. Ontario boasts world-class facilities like Lyndhurst, the Toronto Rehabilitation Institute, and West Park Healthcare Centre, offering specialized programs and innovative therapies to help your loved one regain independence and maximize their quality of life. We're Here to Shoulder the Burden Dealing with insurance companies, navigating legal complexities, and coordinating care can feel overwhelming during this already difficult time. Let us handle it. At Iacobelli Law Firm, we have the expertise and experience to:
You don't have to face this alone. We have recovered millions of dollars for individuals and families all over Ontario. We can help you get the resources you need to secure your future. Contact Iacobelli Law Firm today for a free consultation. We're here to provide compassionate support, expert guidance, and unwavering advocacy as you navigate this challenging journey. If you're involved in a personal injury case that goes to litigation, you'll likely have to give a deposition. This can be a stressful experience, but understanding the process and being well-prepared can make a big difference. Let's break down what a deposition is, what to expect, and how to put your best foot forward.
What is a Deposition? A deposition is part of the discovery phase in a lawsuit. It's an opportunity for both sides to gather evidence and learn more about the case. During a deposition, you'll answer questions under oath about the accident, your injuries, and how they've impacted your life. The Deposition Process
Your lawyer will play a key role in preparing you for your deposition. They will:
Have Questions? Contact Iacobelli Law Firm Today! If you're facing a deposition in a personal injury case, we're here to help. Our experienced team will guide you through the process and ensure your rights are protected. Contact us today for a free consultation. Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for guidance on your specific legal situation. |
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- Watercraft and Boating Accidents
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