One of the most stressful experiences for clients is appearing for a deposition. “Official” things often are unnerving for people who do not spend their time in the legal system. However, as long as you tell the truth as you know it, you have nothing to worry about.
I always remind my clients that they will not be alone; I will be at their side to make sure their rights are protected. The same goes for other attorneys representing clients during depositions. Somehow, that reassurance does not work for everybody.
So, I offer some advice based on my years of experience. First, try to think about all of the facts of your disability case ahead of the deposition. Try to recall of all of the doctors and medical professionals you have treated with, and how often you have treated with them. Try to recall your diagnostic tests. No doubt the insurance carrier’s attorney will ask you questions about your medical condition and your treatment history. Although no one can be expected to remember every specific date of treatment or medical detail, it helps if you refresh your memory. If you are asked a question and you cannot remember, simply say, “I do not remember.”
Never, ever down-play your disability. But, never, ever embellish it either. Simply answer the questions truthfully, to the best of your ability – that is the very best anyone could expect.
Also, never, ever volunteer information that was not asked of you. Make your answers short, succinct, and very specific. If the opposing attorney wants additional information he/she needs to ask you.
Try very, very hard to be calm. The night before, meditate, if you have to. Always remember that a deposition is just about telling the truth about your story, your disability. You will go into the deposition accompanied by your attorney whose job it is to protect you. You are armed with the truth, and that is the most meaningful weapon in any disability case.