Preparing for and Giving a Deposition in Texas

Evidence is arguably the most important part of a personal injury case. Evidence is the facts, documents and information used to prove a case. There are many different types of evidence in a personal injury claim. One is testimonial evidence – verbal evidence provided by a witness. Obtaining this evidence often requires depositions. If you have been called upon to give a deposition in Texas, learn how to prepare for this process and what to expect.

What Is a Deposition?

A deposition is a court-ordered meeting where a party involved in a case is asked questions by the attorney of the other side of the case. As the injured party, or plaintiff, in a personal injury case in Texas, you may be required to provide a deposition. This is your chance to tell your side of the story by answering questions about the accident and your injuries under oath. Anything you say during your deposition can be used as evidence during your personal injury claim.

What to Expect During a Deposition

The deposition will take place during the discovery phase of your lawsuit. A deposition is not a trial. Most depositions do not even take place in a courtroom; they are often conducted in an attorney’s office. You are allowed to have a Houston personal injury lawyer representing you during your deposition. Your attorney can provide advice before and during the deposition as to what to say and what not to say.

How to Prepare for a Deposition

Although many plaintiffs are daunted by the idea of attending a deposition, you do not have to be nervous. The more you prepare for your deposition, the more comfortable you will be during the meeting. The best way to prepare is by going over what questions you will most likely be asked with your attorney and preparing answers to these questions.

In general, the defendant’s attorney will start with questions about you, then go on to questions about the accident and your injuries. Some questions you may encounter during a deposition are:

• What is your name, age, date of birth and current address?
• Have you ever been arrested or convicted of a crime?
• Did you meet with an attorney prior to this deposition?
• What was your physical condition before your injury?
• What is your recollection of the accident?
• What is your official injury diagnosis?
• What is your prognosis for recovery?
• Does your injury prevent you from working?
• How has your injury affected your life?

Your personal injury lawyer can work with you to prepare answers to the questions you will most likely be asked. Working with a lawyer can ensure you do not say anything that will hurt your case.

Tips for Your Deposition in Texas

It is important to take the time to prepare for your deposition so that you do not say the wrong thing while you are under oath. Use these general deposition tips as a guideline:

• Always tell the truth. Lying under oath is a third-degree felony in Texas.
• Speak clearly to make sure the court reporter correctly documents your answers.
• Do not volunteer information. Only answer the questions asked.
• Listen carefully to the questions and make sure you understand them. Do not be afraid to ask for clarification if you do not understand a question.
• Take your time. Do not let the attorney pressure you into giving fast answers. If you need to pause or take a break, do so.
• Never speculate in your answers. If you don’t know, so you don’t know.
• If your attorney tells you not to answer a question, do not answer that question.
• Keep your emotions in check. Do your best not to get angry, frustrated or give emotional responses to questions.

Testimonies from the plaintiff, defendant and witnesses are critical pieces of evidence during a personal injury case. A lawyer can help you with a deposition by providing legal advice specific to your case.