If you sustained an injury due to medical malpractice in Arizona, you will likely have to give a deposition when requested by the medical provider’s insurance company’s lawyers. A deposition is a key step in medical malpractice and other personal injury cases, and it can have a significant impact on your claim for compensation for your injuries.
By preparing for your deposition, you’ll give yourself the best chance of success later on in your legal case.
What Is a Deposition in a Medical Malpractice Case?
A deposition is a pre-trial questioning session with the other party’s lawyers. During your deposition, the medical provider’s or insurance company’s lawyers will ask questions about the incident and your injuries.
From watching movies and TV shows involving court cases, you may be familiar with how lawyers question the victim on the stand in court. A deposition functions similarly, but happens behind closed doors long before a trial, during what’s known as the discovery phase of a legal case.
The purpose of the discovery phase, and depositions in particular, is for both parties involved in the case to get a complete understanding of the incident in question. However, lawyers also use depositions to extract additional information from victims or to try to get them to admit things that could harm their case. This is why adequate preparation is crucial.
Review and Practice with Your Lawyer
One way to prepare for your deposition is to review the details of your case with your lawyer and participate in a practice deposition. The point of the review is to make sure you don’t say anything that contradicts what you’ve said before or conflicts with any evidence your lawyer plans to present at trial. And the point of the practice deposition is to get an understanding of the types of questions the other party’s lawyers may ask.
With a thorough understanding of your case and knowledge of the kinds of questions you’ll likely be asked, your deposition will go more smoothly.
Stick to the Facts of the Case
Sometimes, lawyers intentionally ask questions they know you don’t know the answer to. When they do this, they’re trying to get you to guess or make assumptions about some aspect of your case, whether it’s the treatment you received or the nature of your injuries.
You should always stick to the facts when answering questions during a deposition. Don’t offer guesses or assumptions. If you don’t know the answer, simply say so and move on to the next question. If you provide speculation about an aspect of your case, it can harm you later on, as your deposition answers are part of the official record of your case.
Don’t Provide More Information Than What Is Asked of You
Beyond not speculating about aspects of your case, you shouldn’t provide more information than what the lawyers specifically asked for. Your answers to their questions should be respectful, but succinct.
For example, if the lawyer asks when you noticed you sustained an injury connected to your medical treatment, simply reply with the date. If they ask further questions, such as how you noticed your injury, you can then answer that, as well.
Request a Break If You Need One
It’s important to remember that a deposition isn’t an interrogation. It can feel stressful and overwhelming at times, but you can always request a break from the questions if you need one. And your lawyer will be with you the whole time, so you won’t be alone.
Contact Our Arizona Medical Malpractice Lawyers
Were you the victim of medical malpractice in Arizona? Contact Gill Law Firm for a free consultation about your malpractice case with one of our highly qualified and experienced personal injury lawyers. During your consultation, we’ll explain the legal process and go over the importance of preparing for every step, including your deposition.