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Giving A Deposition For A Personal Injury Case?


Being part of a deposition can be an extremely uncomfortable experience. When you have to do so for a personal injury case in Texas, there are probably plenty of questions that come to your mind. This is especially true if you have never had to give a deposition in the past. In order to give you a better idea of what you should expect and what you should do, we have put together a list a some of the best advice we, at Alex Hernandez Trial Law, have given our personal injury clients in the past.

Tell the truth

You are giving a sworn testimony which means more than anything else, you need to tell the truth. The opposing council will try everything they can to find untruth in your testimony which, should they be able to, will not turn out well for your case.

Listen to the questions that are being asked

While you may think you know what question is going to be asked of you, it’s important that listen closely and allow the opposing counsel to finish before you begin to answer their inquiries.

Don’t let leading questions confuse you

It’s fairly easy for a good lawyer to attempt to put words in your mouth. While leading questions are an integral part of the deposition process, you do not have to agree with a leading question that contradicts your previous or coming testimony.

Don’t use too many “yes” answers

Attorneys have plenty of tricks up their sleeves. For instance, a lawyer may start by asking you a number of simple questions in a row, all of which will render a simple “yes” answer from you. They then may sneak in a damaging question to try to throw you off and get you to admit to something that you may not have meant to in the first place.

But also don’t say too much

You don’t need to give details that are not asked for my the opposing counsel. Giving too much information will likely get you into a sticky situation much faster than using simple responses like “yes,” “no,” and “I don’t recall.”

Don’t guess

If you aren’t entirely sure how you should answer a question, do not guess. There is nothing wrong with saying that you are unsure or you don’t know the answer to any question that is asked of you during your personal injury deposition.

Ask for clarification if you need it

While it is okay to say you are unsure about how to answer a question, it is also completely acceptable to ask questions about what is being asked of you if you are confused.

Take all the time you need

Sometimes a deposition will be video or tape recorded. Even in cases like this, do not feel as though you have to rush. Take as much time as you need to answer the questions that are posed to you. Silence is also a very powerful tool, so don’t be afraid to use it.

Need more help from a personal defense attorney in Texas?

If you have a personal injury case that you are taking to court and you have yet to seek legal aid, it’s time you did so. Contact the attorneys at Alex Hernandez Trial Law today and learn how we can help you to prepare for your deposition and more.

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Main Office, Corpus Christi:

921 N. Chaparral Suite 100
Corpus Christi, Texas 78401

Phone: 361-792-3811

San Antonio Office:

300 Convent Suite 1330
San Antonio, Texas 78205

Phone: 210-960-9008

Austin Office:

700 Lavaca Suite 1400
Austin, Texas 78701

Phone: 512-640-4009

Edinburg Office:

506 W. University
Edinburg, Texas 78539

Phone: 956-307-4577

Houston Office:

1700 Post Oak Boulevard 2 Blvd Place
Houston, Texas 77056

Phone: 713-660-7018

Laredo Office:

1100 Matamoros Suite 200
Laredo, Texas 78040-7804

Phone: 956-606-4284

Dallas Office:

2911 Turtle Creek Suite 300
Dallas, Texas 75219

Phone: 972-363-6616

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231 N Kansas, 7th Floor
231 N Kansas, 7th Floor

Phone: 915-777-3310

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