Share

Brooklyn, NY Legal Blog

Thursday, January 25, 2018

12 Tips For Giving A Personal Injury Deposition In New York State

In a New York State personal injury lawsuit, the plaintiff seeks to obtain fair compensation for their personal injuries from an at-fault party. One of the components of a personal injury lawsuit is the giving of the deposition by the personal injury victim.  Some personal injury plaintiffs believe that appearing for a deposition is a daunting task and as a result get very nervous and sometimes do not do as well as they thought they could do.

Here are the 12 tips for giving a deposition in a personal injury case in New York State.  Following these tips should help you out.

  1. Tell the truth– the single most important rule for giving sworn testimony is, to tell the truth. The defense hopes to find an untruth in your testimony that they can use against you at trial during cross-examination.
  2. Listen carefully to the question that is being asked – do not anticipate a question and listen closely to what you are asked. Only answer the question that is asked.  Do not volunteer any additional information beyond the question that is being asked.
  3. Do not let the attorney put words in your mouth – leading questions are part of the deposition process. If you do not agree with the leading question or the premise behind it – do not agree with the testimony.
  4. Watch out for continuous yes responses - one technique many defense lawyers use is to start with a series of truthful easy questions requiring a simple yes answer and then sneaking in a damaging question, hoping that you continue with the quick yes response.  Listen carefully to the questions being asked.
  5. Do not guess – if you do not know the answer for certain, do not guess. It is perfectly acceptable to say “I don’t know” or “I do not remember” in a deposition. If you do not know the date, you saw a treating physician or what you told a medical professional on a certain date -do not guess. I don’t know, or I don’t remember are acceptable responses.
  6. Qualify your answers when appropriate – if you are asked questions that involve “all” or “every” it is certainly acceptable to qualify your answers. “That’s all I can remember sitting here today” or “I would defer to my medical records” are examples of qualifying your answers.
  7. Be careful with time and distance – be careful estimating distances and how long something may have taken unless you are very sure of the answer.
  8. Keep your answers as short and simple if possible.  “Yes,” “no” and “I do not recall” are all good answers.
  9. It is not your time to tell your story – depositions are not your chance to tell your story. Simply answering the question asked and not volunteering more information is important. If the defense lawyer does not ask the question, do not volunteer the answer. Every piece of information that you volunteer will drag the deposition on unnecessarily or the defense attorney will try to find a way to use the extra information against you.
  10. Always be courteous to the attorney – the attorney is an adversary and will be doing his or her best to damage your case. Nevertheless, endeavor to be courteous and polite to the attorney asking the questions.
  11. If you do not understand the question, ask for clarification of the question before you attempt to answer the question.  If you answer a question, the attorney will assume that you understood the question and proceed to the next question.
  12. Take all the time you need before you answer the question. Even if a deposition is videotaped, it is important that you take your time and understand the question asked before you answer. Once you have answered your question -stop. Silence is your friend, make the defense attorney ask another question before you say another word.

Again, always tell the truth and use that as an overriding factor in giving your testimony. Make sure you understand the question and are comfortable with the answer before you respond.  Proceed at your pace and not by the pace of the defense attorney.  By telling the truth, not volunteering information and keeping your answers short and concise and responsive to the question asked, will make your deposition as short and painless as possible.

If you have any questions, our New York accident and personal injury attorneys will help you through the process of filing a claim, and we will fight for your right to compensation. Call our attorneys at 646-504-7384 or via e-mail to learn more about your rights so that we can obtain the best outcome for you.


Blog Categories

$90,000 Settlement Update for Bed Bugs case!!!

**REMINDER - April 1 - Rent Registration Begins

10 Facts for Property Owners About Section 8

10 Facts for Property Owners About Section 8

12 Tips For Giving A Personal Injury Deposition In New York State

A Property Owner Has A Duty To Properly Remove Snow And Ice From Their Prop

Access by the Disabled: Court rules on "Reasonable Accomodations"

Access by the Disabled: Court rules on "Reasonable Accomodations"

Appellate Court Holding in Bedbug Case

Appellate Court Holding in Bedbug Case

April 1 Rent Registration Begins

Brooklyn Jury Awards A 64 Year Old Woman $450,000 In Damages For A Slip And

Brooklyn Jury Awards Driver In A Rear-End Collision A Damages Award In Exce

Brooklyn Jury Awards Plaintiff $50,000 For Injury To Knee In A Rear End Col

Brooklyn Jury Rules For Plaintiff In Motor Vehicle Accident

Brooklyn Jury Rules In Favor Of Driver Seriously Injured In A Rear-End Acci

Cable Television Update For Rent Stabillized Units

Cable Television Update For Rent Stabillized Units

Cable Television Update For Rented Apartments

Cable Television Update For Rented Apartments

Can a landlord force a tenant out...

Can I enter into a tenant's unit?

Can Photographs From An Accident Scene Help Hold Someone Negligent For Your

Carbon Monoxide Detector Update

Common Types Of Medical Malpractice

Contracts Litigation Question

DHCR Releases New Schedule of Rent Decreases for Tenants Paying for Their

DHCR Releases New Schedule of Rent Decreases for Tenants Paying Electricity

Do I Have A Valid Risperdal Lawsuit?

Do Your Personal Injury Medical Records Contain Any Red Flags That Will Imp

GREEN BUILDINGS PROGRAMS: NYC provides residential tools that help homeowne

GREEN BUILDINGS PROGRAMS: NYC provides residential tools that help homeowne

Heartache at the Bedbug Hotel

HELPFUL LINK FOR OWNERS| Con Ed Helps owners and renters reduce their energ

HELPFUL LINK FOR OWNERS| Con Ed Helps owners and renters reduce their energ

Hotel Bed Bug Lawyer

Housing Court Gets Three New Judges

Housing Court Gets Three New Judges

How An Insurance Adjuster Works To Limit Your Settlement In A New York Pers

How Long Do I Have To File A Claim In New York State?

How Negligent/Inadequate Security Results in Personal Injury Lawsuits

How To Establish Liability For A Slip And Fall Accident

How To Maximize Your Recovery For Your Personal Injury Claim

http://nypost.com/2014/03/23/disabled-woman-sues-nycha-for-failing-to-move-

International Women's Day

International Women's Day - March 8, 2013

International Women's Day - March 8, 2013

Internet Update For Rent Stabillized Units

Internet Update For Rent Stabillized Units

Internet Update For Rented Apartments

Internet Update For Rented Apartments

Internet Update in Rental Units

Internet Update in Rental Units

Landlord Tenant Lease Question

Landlord Tenant Question

Landlord Tenant Question

Landlord/Tenant Question

Landlord’s Responsibilities in a Negligent Security Action

Latest Settlement Victory!

Latest Success Story!

MANHATTAN BICYCLE ACCIDENTS

MOLD IN NYCHA DEVELOPMENTS LINKED TO ASTHMA

MOLD REMEDIATION TIPS

Moving Violation Question

My First Blog Post

MY LATEST COURT VICTORY

MY LATEST HOUSING COURT VICTORY

New Blog: Stay up to date on the Supreme Court Rent Control Challenge!

New Blog: Stay up to date on the Supreme Court Rent Control Challenge!

New DHCR Fact Sheets

New York Product Liability Claims Involving Dangerous Drugs

NYC Hotels to Require Bed Bug Inspections Every Six Months Under New City C

NYCHA Claims Progress in Section 8 Cleanup

NYCHA Claims Progress in Section 8 Cleanup

NYCHA Claims Progress in Section 8 Cleanup

NYPD Now Tracks Bicycle Accidents

NYPD Now Tracks Bicycle Accidents

OWNERS: Manage Your Energy and Water Consumption (EPA Website)

OWNERS: Manage Your Energy and Water Consumption (EPA Website)

Persoanl Injury Question

Personal Injury and Litigation Question

Personal Injury Claims Against An At-Fault Business

Personal Injury Question

Property Owner's Obligation To Maintain Their Property in Compliance With T

Read My Latest Responses on Avvo!

Reasons To Hire A Personal Injury Attorney

Recent Settlement Victory!

Satellite Dishes Update For Rent Stabilized Units

Satellite Dishes Update For Rent Stabillized Units

Satellite Dishes Update For Rented Apartments

Satellite Dishes Update For Rented Apartments

Satellite Dishes Update in Rental Units

Satellite Dishes Update in Rental Units

Senior Citizen Rent Increase Exemption (SCRIE) Building Owner Update Newsle

Senior Citizen Rent Increase Exemption (SCRIE) Update Newsletter March 2012

Settlement News Update for Bed Bugs

Several Good Reasons To Seek Medical Treatment After An Accident

Signs That You May Have Been Exposed To Bed Bugs

Signs That Your Loved One Has Developed Pressure Sores While In A Nursing H

Slip and Fall Accidents and Statistics

Spinal Cord Injury And The Common Types Of Accidents That Cause Them

Summary of the Rent Act of 2011

Telecommunications Update: Cable Television, Satellite Dishes, Cellular Tel

Telecommunications Update: Cable Television, Satellite Dishes, Cellular Tel

The Law Offices of Effie Soter, P.C. is expanding to include more practice

The Law Offices of Effie Soter, P.C. is expanding to include more practice

Twenty Sixth (26th) Annual Update of Permissible Charges for the Use and/or

Twenty Sixth (26th) Annual Update of Permissible Charges for the Use and/or

U.S. Supreme Court Denies Certiorari in Rent Stabilization Case

Update: Cable Television in Rental Units

Update: Cable Television in Rental Units

Update: Internet in Rental Units

Update: Internet in Rental Units

Update: Satellite Dishes in Rental Units

Update: Satellite Dishes in Rental Units

Upper West Side landlord hoping to take fight against rent control to Supre

Upper West Side landlord hoping to take fight against rent control to Supre

Were You Exposed To Bed Bugs While Staying At A Hotel?

What is Copyright Infringement?

What is Premises Liability?

Who can be held liable if your loved one is the subject of abuse or neglect

Why It Is Important To Obtain Medical Records After A New York Car Accident

Archived Posts

2019
2018
2017
2016
2015
2014
2013
2012
2011
2010




The Law Office of Effie Soter, P.C. assists clients with Personal Injury, Landlord and Tenant Matters, Leases, Real Estate Law, Immigration Law, Bankruptcy Law, Debt Matters, in New York City, Brooklyn, Queens, Astoria, Jackson Heights, Elmhurst, Bay Ridge, Sunset Park, Borough Park, New York County, Kings County, and Queens County.



© 2019 The Law Offices of Effie Soter, P.C. | Attorney Advertising
20 W 20th Street, 2nd Floor, New York, NY 10011
| Phone: 646-504-7384

New York Personal Injury Attorneys | New York Vehicle Accidents Attorney | New York Bicycle Accidents Attorney | New York Truck Accidents Attorney | Truck Accidents Lawyers | New York Premises Liability - Slip and Fall | Toxic Torts and Toxic Mold Attorney | Bed Bugs | Bed Bug Hotel Attorneys | Tenant Bed Bug Attorneys | New York Construction Accidents Lawyer | Medical Malpractice in New York | Surgical Error Attorneys | Anesthesia Error Attorneys | Prescription Drug Errors | Failure to Diagnose | Legal and Professional Malpractice | Intellectual Property | Patents | Trade Secrets | Trademarks and Service Marks | New York Appellate Attorney | Commercial Litigation Lawyer | Business Disputes Litigation | Tenant | Landlord | Residential Real Estate | Leases | | About | Firm News | Consult Request

FacebookGoogle+TwitterLinked-In Personal

Amicus Creative