Plaintiffs in a personal injury case can often be intimidated by a notice that the defense wants to depose them. A deposition is a standard part of most civil lawsuits and it’s important for the plaintiff to keep calm about this part of the process. Depositions are, however, important; the person being deposed (called a deponent) is giving testimony under oath that could potentially be seen by a jury at trial. Here are a few basic suggestions to keep in mind when thinking about your deposition.
1. Be Honest
Lying in a deposition is technically considered perjury and is a crime. While it’s rare for someone to be arrested for giving false deposition testimony, it will at the very least harm the person’s credibility as a witness and a plaintiff. No matter how uncomfortable or harmful you think an answer will be, the truthful answer will always be the best answer for your case.
If you’ve reached the point in your case where the defense wants to depose you, your attorney has already examined the potential weaknesses you and your case have. From the moment of your first consultation, your legal counsel has been evaluating how well you’d present to a jury and to the defense, and how credible the claims in your case are.
As such, the truth helps you because it reinforces the claims you’re making. Any weaknesses in your case are left to your attorney to work out; the best thing you can do to help them is to answer each question honestly.
