Sworn testimony of people involved in a lawsuit filed with the court is called deposition. A deposition is a process made by a lawyer to obtain information on the events concerning the matter of the case.
The participants of the deposition usually meet in a law office with a court reporter. These testimonies will be recorded on video, and the official transcript will be shared with you and your lawyer. Then, you may correct or amend your responses.
It is crucial to go to your deposition well prepared. You should arrange a teleconference or face-to-face meeting with your workers’ compensation lawyer before your deposition.
If you file a workers’ compensation claim, you will be called for a deposition. You will be asked questions about how you got injured or fell ill, your medical treatment and recovery, and your current health condition. Moreover, you will be asked questions regarding the following:
- Your personal details
- Your employment history
- How you got injured or developed your illness
- Your previous medical history
- The medical treatment and expenses for your work injury or illness
- Any disabilities or incapability to work resulting from your injury or illness
Getting Prepared For Your Deposition
When an employee files a workers’ comp claim, the Ohio Bureau of Workers’ Compensation and the employer will investigate and try to challenge the compensation claim. Usually, part of this process is to call the claimant for a deposition.
Your workers’ compensation attorney will help you collect all the documentation and information that will be needed to prove your claims. You should include all information, such as eye witness reports, expenses receipts, photographs, your medical history, your employment history, your financial history, and others.
You will go through all the information with your lawyer to refresh your memory about all the events that made you decide to file the lawsuit.
Furthermore, your workers’ compensation lawyer will guide you on responding to the questions while being under oath. First of all, you have to be truthful at all times. Your answers must be short and on point.
You may find the following advice useful for your deposition to be successful.
- Being under oath might be very stressful for some people. Your lawyer may give you some tips on how to stay calm during the process, like taking short breaks to clear your thoughts.
- Answer the question that is asked without offering any further information. The lawyer of your opponent is paid to obtain specific information to use against you.
- Be careful with statements included in a question that may be inaccurate. If the examiner summarizes your prior testimony, do not accept it unless it’s totally accurate. Also, the questioner may be using leading questions to try to put words in your mouth.
- When you complete your answer, and you are sure about its accuracy and truthfulness, stop talking and stay silent. Do not add anything to your reply just because you feel uncomfortable by the silence.
- Do not try to explain your answers. You are required to answer only what the question asks.
- Do not answer a question that you did not understand. You are not supposed to guess what the question means. The lawyer must form questions that are clear and comprehensive.
- It would help if you tried to stay on the topic and resist the impulse to omit or add any details.
- If you cannot remember a detail they ask you, you should simply answer that you cannot recall these specifics like a time and date. However, if you remember vaguely, it is ok to give an answer, as long as you state that your answer is an estimation.
- You may need a document to help respond to a question accurately. You are allowed to ask for it. However, if the examiner requests a document from you, you should consult your lawyer before you provide them with it.
- If your attorney objects to a question, they have to instruct you not to answer clearly. Otherwise, you may have to answer the question.
- Do not use humor or sarcasm in your answers because it may be misinterpreted in writing. Furthermore, it would be best if you did not argue with the examiner or express anger.
Contact A Workers’ Compensation Lawyer In Ohio
If you are concerned about your deposition, you should seek advice from a workers’ compensation lawyer. Call us today at Workers’ Compensation Lawyers law firm for your free consultation. Our team of professional workers’ compensation attorneys can help you prepare for your deposition for a successful outcome.