When you file a personal injury claim in Illinois, you will likely have to provide a deposition at some point during the claims process. Depositions are a critical part of personal injury claims and allow both sides in the case to understand and evaluate the information the other has. In many cases, the information gathered in a deposition can help resolve and settle a claim without going to trial.
What Is a Deposition?
A deposition is a type of formal question-and-answer session that courts use to gather information before a personal injury trial. During depositions, attorneys for both sides will question witnesses and record their statements. Depositions do not typically happen in courts, but the witnesses are still sworn to tell the truth, and their statements are recorded. Sworn statements from a deposition become part of the official trial record.
What Kinds of Questions Are Asked at a Deposition?
Most of a deposition will consist of a series of questions and answers. The exact questions asked will depend on the specific case, but the questions generally serve to gather information concerning the accident, your injuries, and liability. These questions can include:
- Questions about your background and identity (age, address, education, employment)
- Questions about the accident events (When/where did the accident occur? What events transpired? What were the environmental and weather conditions like?)
- Questions about your injuries and limitations (What injuries did the accident cause? How severe are the injuries? Did they cause permanent disability? Do you have pre-existing conditions? Do you still have symptoms from your injuries?)
- Questions about healthcare treatment (When did you first seek treatment? Which healthcare professionals did you see? How much do your medical bills cost?
- Questions about your pain and suffering (How much pain do you experience daily? Does your pain fluctuate? What kind of functional limitations do you have? Can you no longer partake in activities you find enjoyable?)
Things to Keep in Mind When Giving a Deposition
Below are some basic tips to keep in mind to facilitate your deposition:
- Prepare as much as possible. Have your attorney practice questions with you and make sure you can answer them correctly. You want your answers to be comprehensive and consistent.
- Don’t exaggerate your symptoms or injuries. Exaggerations and embellishments can backfire if they raise inconsistencies. If you lie about the extent of your injuries, it can harm your attempts to recover financial compensation.
- Don’t volunteer information. You shouldn’t bring up information regarding a question that you were never asked. For example, if the question has a yes/no answer, simply answer “yes” or “no” and leave it at that.
- Don’t answer a question unless you are absolutely certain of the answer. If you give the wrong answer to a question, it will be hard to strike from the record and can negatively impact your case. It’s ok to say “I don’t know” if you are unsure.
- Stay calm and don’t get upset. Questions might veer into uncomfortable territory, so you must maintain a clear head and attitude. Getting upset can reflect poorly on your character and harm your chances of a successful claim.
Contact Our Personal Injury Attorneys Serving Chicago
Testimony from depositions can serve as critical evidence in personal injury cases, so it’s important to understand what they are and how they work. If you have any more questions about depictions in personal injury claims, the attorneys from Hale & Monico are here to assist. We have extensive experience with all manner of personal injury claims and can help you pursue the maximum compensation for your injuries.
Contact our offices online or call today for a free case consultation with a personal injury attorney in Chicago, IL.