It is possible that you will have to go through a deposition after you file for workers' compensation benefits. This is fairly common, so it is not cause to be worried. When it is time for the deposition, it is important to remember certain rules.
Do Not Divulge Privileged Information
Conversations that you have with your attorney are protected by attorney-client privilege. Although the insurance company's attorney has a fair amount of leeway while questioning you, you do not have to share private conversations that occurred between you and your attorney.
In most instances, your attorney will object to this questioning. If not, inform the questioning attorney that the information requested is privilege and that you are not legally obligated to share it.
Do Not Give Away Information Voluntarily
It is the responsibility of the insurance company's attorney to ask the right questions to get the information that he or she wants. It is not your responsibility to help him or her with gathering information.
Stick to only providing information that is asked of you. If you volunteer information, you could accidentally open up a line of questioning that could be detrimental to your claim.
Always Give Oral Answers
Your testimony will be recorded by a court reporter. It is important that he or she is able to accurately transcribe your answers to questions.
Avoid the urge to answer with a head nod or other difficult to transcribe responses. For instance, instead of pointing at your right arm to indicate pain, say "My right arm is in pain."
Remember, if the insurance company decides not to pay and your case ends up in court, the deposition could possibly be shared with a judge and jury. Poor responses could shed a poor light on your case.
Never Answer Before Hearing the Complete Question
Although you might think you know exactly what the attorney is asking you, wait for him or her to complete the question before answering. It is possible that the attorney was going a different direction with the questioning. You could end up leading the conversation in a different way that could be harmful to your case.
You also have to remember that the court reporter is transcribing the deposition. It is difficult to transcribe two voices talking over each other.
If there are any other special rules which you need to know, your attorney will go over them. Follow your attorney's directions and keep the basics in mind and you can walk out of the deposition with your case still intact. If you want to know more, click here for more information to contact a professional companyShare
18 March 2015
When you are involved in a messy car accident, things can get complicated fast. In addition to proving who was at fault, you might also have to worry about healing. However, you don't have to endure long phone calls and complicated insurance paperwork on your own. Hiring an attorney is the key to remaining strong during the aftermath of a car accident. As you think about your own situation, try to figure out if you can do things on your own. If you feel like you need a little help, don't be afraid to talk with an attorney. The information on this website should help you to decide how legal counsel can help you.