The transcript below provides a convenient summary about preparing for your deposition. However, it may contain inaccuracies and miss some of the subtleties of the spoken dialogue. For the most accurate information and to fully experience the content as intended, we strongly encourage you to watch attorney Bernard Nomberg’s video. We appreciate your understanding.
There are a few things that you can do before your deposition that will greatly help you during the day of your deposition so that it’ll be a little bit less stressful than maybe you’re otherwise thinking.
This video is not meant to be a substitute for meeting with one of the lawyers at our firm but really more to supplement for you to watch at home or at your leisure.
You’ll also be getting a letter from us that’s a little bit more detailed about do’s and don’ts and tips and things, but I want to take a couple of minutes to share a few thoughts with you.
The purpose of a deposition
The purpose of your deposition is really for the other side, typically the insurance company, to:
- get a good look at you
- figure out who you are more than the paperwork that they’ve probably been reading in the medical records and the other papers that are involved in your case.
And they’re gonna find out a few things. They want to know:
- the facts of what happened
- what you claim occurred in your case
- everything that took place leading up to you filing this lawsuit that we’re dealing with here.
They want to know what you’re claiming that the defendant, the employer, or the other side, the other driver, whatever your situation may be, might have done wrong, and to the nature and extent of your damages and injuries.
They’re also sizing you up, per se, if you will.
- How truthful are you?
- How does this person’s story make sense?
- Does the timeline of events meet up with what they’re claiming?
- Do the medical records match what’s being said in the lawsuit, what you’re testifying about, and things like that.
And I’m sure you’ll do just fine. Just tell the truth.
We always tell our clients when preparing for these things – just tell the truth. It’s always the best way to go.
What questions are asked at a workers’ comp hearing?
Feeling prepared for your workers’ compensation hearing is key. Attorney David Nomberg sheds light on frequently asked questions during these proceedings.
Typically they will be asked biographical questions (name, spouse, children, where you live, who lives with you).
Then, education:
- Did you graduate high school?
- What is the last grade you completed?
- Do you have a GED?
- Attend college?
- Any degrees?
Then, work history:
- Where did you work?
- What was your job title?
- What were your job duties?
- What was your rate of pay?
- Did you have any work accidents?
- Why did you leave that company?
- Where did you work next?
Then, work accident:
- When did it happen?
- Where were you?
- Was anyone nearby?
- Explain what happened.
- What did you injure?
- Where did you go after the accident?
- Did you receive medical treatment?
Then they will be asked about the doctors and medical providers and who treated what injuries:
- Have you finished treatment?
- Are you working now?
- What do you do on a daily basis?
- Do you have any symptoms or problems today?
- What is your pain level like, with 0 being no pain and 10 being you need to go to the emergency room?
- Are there activities you do not do now that you did before the accident?
You need to be sincere and humble when you’re in your deposition.
Wear comfortable clothes. I don’t mean clothes you normally lounge around the house in, but you don’t have to be dressed up in a three-piece suit either.
If you’re more comfortable in jeans and a collared shirt or khakis, those kinds of things.
Some folks may have injuries that prevent them from wearing certain clothing. Whatever is most comfortable for you.
Always be polite when you’re in your deposition.
It’s our job as your lawyer to defend your rights and to make sure that they’re following the law and the way that the procedures go. So, if you see us get heated or have elevated discussions or even yelling, which occasionally occurs, just let us handle those things.
You just need to sit there and keep your wits about you.
Keep your emotions in check.
Be forthright. Make eye contact with the questioner, whether it’s the attorney on the other side of the case sitting actually on the other side of the table from you, or the court reporter, whoever it may be. Just make contact from an eye standpoint.
Shake hands, use your manners, those kinds of things.
Again, don’t use any temper. Let us handle those types of things.
Don’t be a smart aleck. Don’t cut jokes. Don’t make things up just to seem to be funny or witty.
Again, we need you to be on your game, and be focused on your answers.
Again, being polite and being courteous are two very good ways to help your day go along.
Don’t volunteer answers. If you’re asked what time it is, look at your watch and tell them exactly what time it is. Don’t tell them how you got the watch, where it came from, and what it cost, those kinds of things.
The more answers that you volunteer, the longer you’re going to be sitting there, I promise you. So please be mindful of what the questions are and answer accordingly.
On that note, don’t guess at anything. If you don’t hear what was being asked of you, ask the person who asked the question to repeat it or rephrase it.
You control this deposition. It’s your deposition. We’re not in a hurry. This is not a sprint; it can be more along the pace of a marathon or a slow jog.
And I don’t want you to feel that you’re being rushed, so just take a deep breath, slow down, make sure you answer the questions as you hear them.
If there are objections that are made by me or by your attorney in the case or by the other side, just let the objections be stated by the attorneys. There’s nothing for you to do. However, if you’re instructed not to answer, or if you’re instructed to even leave the room at times (that’s quite rare), but just be listening out for those things.
During the course of the deposition, you and I are not going to talk while it is time for you to testify.
We can take a break or go outside the room to talk, but it’s always better that you’re able to answer those questions under oath directly with the person asking the questions.
Don’t look to me for answers. If you don’t understand or if you have a real concern about whether you should answer it, then maybe we can take a short recess, step outside, and discuss it. But don’t turn towards your lawyer and start asking questions when you’re being asked questions.
Don’t forget that I’m your friend in that room, not the attorney who may be quite courteous to you across the table. They’re not there to be your friend. They’re there to do their job, and most attorneys are quite cordial, quite courteous.
There are very few moments where it gets heated, but the person sitting next to you, your attorney representing you, is the person who you need to rely upon and not anyone else.
Don’t hesitate to correct any mistakes you might have made. Sometimes people get nervous and they make mistakes. They misspeak, they miss-state something. I’m sure that 99.9% of the time, it is not intentional. Just correct it.
Sit up in your chair, don’t slouch. That’s pretty evident.
Records and documents: don’t bring anything into the room. You might be shown documents, and if you are, look at the document to make sure there’s a question that’s being asked of you before you start volunteering or responding to anything.
Don’t be a complainer. Don’t feel sorry for yourself. No one in that room does, and if you start acting that way, then you tend to feel bad, and your answers will reflect such, and it won’t help your case.
One or two other things: be distinct in your responses. Don’t mumble, don’t use “mm-hmm” or head nods. Those things are not recordable properly on a transcript. And you’ll notice at the end of the table during a deposition that there’ll be a court reporter. He or she will be taking down everything that’s said under oath. So, every answer that you respond to a question, needs to be audible.
So, if the answer is “yes,” don’t say “mm-hmm,” but in fact, respond with “yes.” Those types of things. It’ll be easier once the transcript’s been read or is being read by the judge and so forth. Plus, it’ll give you more credibility.
There are a lot of other things to go over. These are just meant to be a few tips for you to review.
If you have any questions or concerns about this issue or other issues on the law, please call or fill out our online form.