The discovery process is where the parties to a lawsuit seek to gain information from the other side. This can take the form of a request for documentation, requests for admissions, a command for answers to interrogatories or the taking of depositions. It can involve a lot of legal positioning, but successful discovery can help you build a stronger case and more effectively prepare for trial. On the flip side, though your case likely won’t be won during the discovery process, it can certainly be lost. Defense attorneys know this, which is why they’re oftentimes aggressive in pursuing depositions of accident victims.
The hope in pursuing one of these depositions is that the defense will lock you into statements that they can then use against you at trial. For example, if in your deposition you testify that you were driving 55 miles per hour in the moments leading up to your accident but at trial testify to driving 40 miles per hour, then the defense will use your inconsistent statements to try to demonstrate that nearly every aspect of your claim is unreliable.
Preparing for a deposition can be stressful, especially once you realize the goal of the process. You can become even more stressed upon recognizing that the defense attorney can be aggressive during the deposition, and your attorney can only do so much to protect you. However, there are steps you can take to effectively prepare for a deposition. These include:
- Reviewing the facts: Before sitting down for your deposition, you should review all documentation pertaining to your wreck and recall as many details as possible. You’ll want to be familiar with the facts of your case so that you aren’t left guessing the answers to questions and so that you can set the record straight if the defense attorney tries to mischaracterize anything.
- Identifying weak points in your case: The defense will probably try to exploit any weaknesses in your case, meaning you’ll have to be ready to answer some tough questions. But if you can spot weak points in your case, then you can develop strategies to mitigate them and protect the viability of your claim.
- Practicing answering questions: You should be able to anticipate at least some of the questions that the defense will ask at your deposition. Once you’ve done so, you can rehearse answers. This will give you confidence going into your deposition and ensure that you’ve got answers lined up that won’t negatively impact the validity of your legal arguments and the overall positioning of your case.
- Learning to temper your emotional response: The defense attorney will probably do their best to get you upset during the deposition, as this oftentimes leads to emotional responses that can then be used against you at trial. But you don’t want to wind up saying something that you’ll later regret. So, be sure to develop strategies that’ll allow you to cope with uncomfortable situations.
Protect your interests throughout the personal injury claim process
There are certainly a lot of moving parts to a personal injury lawsuit. While that can be stressful, you shouldn’t let the process completely overwhelm you to the point that you make what turn out to be costly mistakes. One way to avoid that happening is to ensure you’ve got a sound legal strategy in place from the outset. This is something you can discuss developing with your attorney. Once you’ve done so, you might secure peace of mind and comfort knowing that you’ve done everything possible to protect your claim and your future.
