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Do I have to Submit to a Deposition?

Do I have to Submit to a Deposition?

Posted by Thomas Brown | Nov 22, 2019 | 0 Comments

A deposition is a formal event and is part of almost every litigated case in a Workers' Compensation Claim and in automobile injury cases.  The deposition gives the insurance company, through their lawyers, a set time when the insurance lawyer may obtain sworn testimony from the injured worker or the plaintiff in an automobile accident case. They can only put you under oath one time (there are a few exceptions).

Lawyers in Workers' Compensation cases who represent the injured workers, in my experience, tend to treat the deposition process too casually. Most of the lawyers limit their preparation of the client to the 30 minutes before the deposition. This is a fatal mistake! I submit that you cannot prepare the client appropriately in 30 minute. In fact, based on the traffic patterns in Atlanta, the 30 minutes preparation time may turn into 10 minutes if the client gets caught in heavy traffic.

Proper deposition preparation should be done at least 3 days or a week before the deposition. I always take 1-2 hours to prepare the client.

The overarching issue at a deposition is to always and without fail, to tell the whole truth. The insurance lawyer and their team of paralegals and investigators will know more about the worker or plaintiff that they will depose than you would ever believe. They have done their homework about your past. Count on it.

They know of your record, convictions, prior injuries to specific body parts, so, at the deposition, when they ask whether you have EVER been injured before, you cannot dodge the question. If you hide or withhold the answer, you will later, in court, be made to look like a liar.

Judges do not want to hear about your past criminal record (traffic offences to minor misdemeanors) but if you lie about your past, then your character becomes an issue. Then the judge will “sour” on you, finding you are not credible.

When you swear under oath to tell the truth at a deposition, you better do so! Much is at stake!

About the Author

Thomas Brown

Attorney Thomas F. Brown, II has more than four decades of experience representing injured workers and helping them obtain the income benefits and medical treatment they need and deserve. Tom primarily practices in the workers' compensation area, representing injured workers exclusively. He also...

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