Defense attorneys take depositions because they’re trying to figure out your side of the story in your own words. It’s a little different than written discovery responses, which can be touched up by your attorney. They want to hear directly, in your words, from your mouth, in a formal setting. Another reason is they want to make a record of your answers so that they’re not surprised at trial. Further, if you change your story, then they can impeach you with that, which means they can show that you were lying either then or now. Basically, it’s a way for them to avoid surprise at trial. Lastly, they’ll use your answers in the evaluation of your claim, so the better you perform your deposition, usually the better your claim.
Your deposition can be used in trial because you’re giving testimony under oath in your deposition, just like you would be in a courtroom. It can be used in trial either to show a prior consistent statement or a prior inconsistent statement. Additionally, it almost likely will be used if you change your story between the deposition and trial.
Depositions are usually scheduled for an entire morning or an entire afternoon, so you should plan at least to be in the deposition for either an entire morning, so 9:00 AM to noon, or an entire afternoon from 1:00 PM till 4:00 or 5:00 PM in the afternoon.
Well, for as far as your attorney fees, if you’re using our firm, it doesn’t cost you any extra because it’s part of the contingency fee. The other side’s attorney, they have to pay them by the hour so that’s going to probably cost them maybe a thousand dollars for an afternoon, and then you also have to pay the court reporters for their transcripts, so you can expect, depending on how long a deposition takes.
At the deposition, it will be the court reporter, the opposing attorney, your attorney, and yourself. It’s commonly asked if you will see the other party during the deposition. Usually, they will not be there. They do have the right to be there, so there is a small possibility. It’s important to know that the judge will not be there. If there’s a dispute that comes up during a deposition that needs to be resolved by the judge, then the parties can try calling the judge, but the judges are super busy, so they’re probably not going to get a hold of the judge.
Depositions are scheduled by the two attorney offices. Usually, the opposing attorney will reach out to our office and propose a set of dates that they are available. We will then contact you to find out what dates and times works best for your schedule, as well as our office’s schedule. Next, we will propose that date to make sure the court reporter, if we are the person taking the deposition, has that availability, or opposing counsel will do that as well to make sure that that date and time works for all the parties. Once, the deposition is set, the attorney taking the deposition files a notice with the court and serves it on the other party. So, if the plaintiff’s attorney is going to take the defendant’s deposition, he or she will file a Notice of Deposition. If the person being deposed is not a part of the lawsuit, then depending on their role in the case, one of the attorneys may facilitate that, or a subpoena may need to be served on that non-party, depending on the circumstances. Generally, if they’re closely related to a party, like a spouse, then a subpoena may not be needed. With a witness, you are probably going to need to get a subpoena.
You should not bring any documents with you to the deposition. Any documentation you bring with you to the deposition, the opposing attorney has the right to see. This is why we advise not bringing any documents. The only exception to that is if it’s a subpoena duces tecum, so that’s a deposition where they’re saying, bring with you certain documents and the subpoena duces tecum will outline the documents you need to bring. A subpoena duces tecum is rare. Usually those are for healthcare providers or doctors, less often, if it’s a fact witness or if you’re a party.
Kind of the big topic areas that you can expect to be asked about are going to be how the accident occurred, what was your treatment like, did you have any prior injuries before the subject lawsuit? Have you had any injuries after the subject lawsuit and how are you feeling currently? Have your injuries improved? Have they gotten worse? How are you feeling today?
One topic that surprises people sometimes or annoys them is background. So, the attorneys are entitled to find out a little bit about your background, just to know who you are as a person, where you’re from, your family situation and things like that. The reason people get annoyed is because they feel like that has nothing to do with the accident. However, the way that you appear in court and in front of a jury and what they think of you as a human being, makes a big difference in the value of your case, because jurors don’t want to give money to bad people. It’s allowed for the attorney to ask questions to get to know you a little bit. They can’t dig deep into private stuff, but they can get into your background and your education level and your career or job.
Answer the questions truthfully and as honest as you know. We advise that you don’t volunteer information. Just answer the question truthfully and be quiet.
Then you just say that you can’t remember. Do not guess, speculate, or guesstimate. Those will get you in trouble.
Your deposition will most likely take place at our office in a conference room. Right now, during the times of the pandemic, they are conducted via Zoom, so you would come into our office, be in our conference room with an attorney sitting next to you, and you would answer the questions via Zoom.
If you catch the mistake during the deposition, we can correct it. You can correct it right in that moment, if you realize it immediately after you say something. If you don’t realize it until maybe during the break or after the break of the deposition, we can circle back and you can correct it. If you realize it after the deposition, then your attorney would reach out to the opposing attorney and clarify the mistake. We can also amend the transcript.
Your attorney will tell you what they think you need to do to prepare, but for the most part, usually in our office, we don’t ask you to do a lot to prepare because we’re just asking you to truthfully tell what you remember and to answer to the questions. There is no need to memorize anything like in a test. Remember that no one knows your facts better than you.
No. Do not consume drugs or alcohol before your deposition. At the beginning of the deposition, the opposing attorney is going to ask you a series of what I like to think of as introductory questions. One of those will be, have you consumed drugs or alcohol or any substance that may affect your ability to remember or recall events. It will hurt your testimony and your credibility if you are on some sort of mind-altering substance.
Generally, they do not ask about prescription drugs. However, if you are taking a prescription drug that you think might affect your ability to listen to and answer questions, then talk to your attorney beforehand and a solution can be discussed.
Yes, it is recorded. Usually the court reporter will make an audio recording. Additionally, the court reporter will type everything being said during the deposition. Also, if the opposing attorney or your attorney requests and pays for it, the deposition can be recorded via video.
No, you cannot record your deposition.
You can, you can take as many breaks as needed. You cannot take a break while a question is pending though. So, if a question has been asked, you have to answer the question before you take a break, but you can take multiple restroom breaks if needed.
Again, you can speak with your lawyer during a break. You cannot speak with your lawyer while we are on the record and while you are answering questions or when a question is pending. If you do need to speak to your attorney, you’ll need to answer the question and request a break. What you want to avoid is the appearance also of the lawyer coaching you. So sometimes people will naturally, when a question is asked, they’ll look at their lawyer as if they want their lawyer to like nod their head or shake their head, to give them a hint on how to answer and a lawyer should just hold still. So, if you were trying to ask your lawyer questions and he or she is not responding, that might be why as the lawyers are not allowed to coach you.
Your lawyer’s role is to listen to the questions being asked and to stay vigilant in case there is something that’s asked that is inappropriate. You lawyer will to ask clarifying questions, to make sure to help you understand the questions being asked. Also, at the end, after the attorney who was taking your deposition, asks his or her questions, your lawyer has an opportunity to ask follow up questions. Usually, your attorney won’t ask many questions, because then the other side gets to ask questions about what your attorney asked, but sometimes things need to be clarified. As we mentioned earlier, when you forgot something and you said something incorrect, you want to correct it.
So, the objection goes on the record. It’s totally for purposes to preserve the record. So, when we are in front of the judge, the attorneys can ask the judge to rule on that objection. How it’s handled is, there aren’t any speaking objections like you would see on television, or if you’ve ever been in a courtroom where the two attorneys argue over the objection and the judge makes a ruling that just goes in the transcript. If it’s a situation to where the attorney believes you can’t answer, so it’s not privileged information or falls into a category that your attorney will lay out for you during deposition prep, then you will still answer the question unless your attorney specifically advises you not to answer it.
Wear business casual clothing to your deposition.
Will all of my hospital bills be paid by the at-fault party’s insurance company if I win my case?
How much does it cost to hire an attorney for my auto accident claim? We answer questions like these and many more in our auto accident frequently asked questions.
Despite laws against driving under the influence, drunk drivers still get behind the wheel, endangering their own lives and the lives of those they encounter.
The answer to that question is not that simple. Call our office and we can help determine the liability.
That question is easily answered by knowing the ins-and-outs of Colorado’s Comparative Negligence Law.
We work on a contingency basis, meaning we only get paid if we successfully reach a settlement on your behalf.
Our firm covers the costs of investigating and building your case upfront, and we are reimbursed through the settlement.
During the intake process, it’s difficult to determine the exact value of your case. Once you sign the fee agreement, our team will conduct a thorough investigation to gather information on available insurance.
The value of your case will ultimately depend on the severity of your injuries and the medical treatment you receive to recover.
It’s crucial to seek medical attention immediately after a crash, even if you don’t feel injured.
Some injuries may not be apparent right away.
Insurance adjusters often make early settlement offers, but it’s important to wait until you’ve fully recovered before accepting any offers.
We can help you handle communications with the insurance companies to reduce your stress.
Every case is different, and many factors can affect the timeline.
Healing from your injuries is the top priority, and we don’t like to rush this process.
On average, cases can take anywhere from 12 to 18 months to settle.
Our team is well-versed in personal injury law.
One of our pre-litigation attorneys has previously worked for the insurance side, giving us valuable insight into how the other side approaches negotiations.
We will reach out every two weeks to check on your treatment progress.
However, if you need more frequent updates, we can adjust our communication frequency to meet your needs.
After your complete treatment, we keep you updated on what phase you are in and will typically reach out monthly to update you with what records we have or are still waiting on.
Once a demand has been sent and negotiations have begun, you will hear from the attorney whenever we receive an offer.
If you are ever curious in these later stages what’s going on, you can call the office or reach out to the paralegal on your case to ask for more frequent updates or more information.
Insurance companies typically try to avoid court.
In our experience, only a small portion of cases are filed for litigation, and even fewer go to trial.
You can be compensated for medical treatments, transportation costs to appointments, lost wages, and pain and suffering.
We specialize in maximizing these types of damages for our clients.
If the other driver lacks sufficient coverage, your Underinsured/Uninsured Motorist (UIM/UM) coverage will step in to help.
Additionally, you may have Medical Payment (MedPay) coverage, which helps cover medical costs without needing to be repaid.
These claims won’t affect your monthly premiums if you’re not at fault.
Yes, our team will guide you through every step of the process, from navigating medical treatment to negotiating your settlement.
We’ll keep you informed throughout the negotiations and work to reduce any outstanding liens or balances to maximize your recovery.
If we are unable to settle or win your case, we do not collect any fees or charge you for the costs incurred while working on it.
It’s best to use your health insurance whenever possible, as they often have pre-negotiated rates with providers.
If your provider doesn’t accept health insurance, they may be willing to set up a lien.
Otherwise, you’ll be responsible for payments, though many providers offer payment plans.
Photos of the crash scene, your injuries (including before, during treatment, and after healing), and any witness testimony can be critical.
Dashcam footage and documented communication with the other driver will also help support your claim.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me
Big thanks to Mr. Jake Kimbell and his team for their assistance with my case. He helped me through an incredibly challenging part of my life, and most importantly helped navigate through the convoluted legal channels of my case. I cannot thank him and his team enough for their support.
I never have a problem with getting a response when I need them – which is not the case with most other firms. They really truly care about each client. As a plus, they always have positive attitudes, which matters tremendously when you are in a stressful legal situation.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
Springs Law is very friendly and professional. I always felt that they were on my side and cared about my injury and what I was going through. I highly recommend them.
