You might have heard of depositions in movies and television shows but what exactly does happen in one? Depositions are simply the testimonies of parties or witnesses held under oath that are recorded before trial, in front of a court reporter. These records will then be put in the transcript which can then be used in a pre-trial preparation or in the trial itself.
If you are scheduled for a deposition, you might be wondering about the things you should do. The most important aspect is how to act under pressure. To do so calmly, here are the things to do in preparation for the big event.
Go Over and Prepare
Depositions can make or break a case which is why it is important to go prepared. Preparations may include reviewing previous records of the accident, the symptoms of your sickness or injury, the dates you were off work, and other issues that are of interest to the workers compensation claim.
Consult With An Attorney
If you are still jittery, you can always look for the help of an expert such as an attorney to help you double-check on things that you might have missed.
What Exactly Happens in a Deposition
Depositions always take place in private areas such as conference rooms or the presiding lawyer’s office. Depositions contain very confidential matters which is why people that are aren’t involved are usually left out of sight.
Everything that happens in court is expected to be true and factual. For that reason, before the deposition begins, the testifier will usually have to swear an oath. After taking the oath, every word and facts that you have stated is expected to be true, otherwise, a case for perjury may befall on you.
The court reporter is one of the few people apart from yourself that will be in the room, along with the lawyer who is in charge of taking your deposition, and your attorney. The court reporter’s main purpose can be similar to that of a secretary who will keep a written transcript of what happens in the deposition, which can be used as evidence for the case if ever the need to refresh, clarify, or even contradict the things discussed in court.
What the Deposition Takes Notes Of
After everything is said and done, the lawyer who is taking your deposition will then begin giving an overview of the whole deposition and the general procedures. The lawyer will then proceed to ask about the following:
Your Background Information
To begin with, you will be asked about what your background is which includes your legal name, your date of birth, your living address, your educational backgrounds, and also, your prior work history. There’s also a chance to be asked about your criminal history if you have anything.
How Your Accident Happened
The system for getting compensation is thankfully a no-fault system. Meaning, regardless of who’s at fault, the compensation or insurance will still hold which lessens the possible questions of how the accident happened. It is important to take note, however, that you should still expect to get more questions if the injury or illness sustained was gradually developed over time.
Any Prior Injuries
Since getting a compensation means these injuries were acquired in the workplace, there will be points of interest in asking if you’ve had any prior injuries which could have led to or aided in causing the medical condition you have.
However, having prior injuries doesn’t necessarily mean losing out on coverage for the current injury. That is why it is important to review on your previous settlement case so that your previous and current claim would not be questioned.
Things You Have Trouble With
Due to the injuries you’ve sustained, some activities might prove to be too tough to deal with such as sitting down, lifting items, walking, or operating machinery that would have been easy to handle otherwise.
These are important to answer since developing any long-lasting damage, either physically or mentally, might make you an eligible candidate for a permanent disability award. In addition, this can help you demand a provision on your settlement which covers financial matters for any future medical conditions due to the injury.
Consult With An Attorney
Depositions are crucial in getting a worker’s compensation claim. For this reason, it is important that it must be taken seriously. There is no one better that can help you make your depositions smoothly other than a trusted attorney.
Glacier Law Firm is a proven expert when it comes to worker’s compensation cases. The firm can help you further understand the importance of depositions and what you can do to make the case in your favor. Furthermore, the firm also provides free case evaluations which you can avail of at any time by calling their office at (406) 298-6740, or visiting the firm at 20 Four Mile Drive, Ste #4, Kalispell, Montana.