I often get asked What is a deposition? In any workers’ compensation or personal injury claim it is almost guaranteed that you are going to give a deposition at some point. A deposition is a question – answer format. You will be in a room with a court reporter, your attorney and opposing counsel. Opposing counsel will be asking questions ranging anywhere from Where did you grow up? or Who lives with you? to the details of your accident, and then to your current symptoms and treatment.
The deposition is taken under oath. You testify as if you were testifying at trial, but there is no judge. The court reporter will be writing down everything that you and the opposing counsel say. This is the opposing counsel’s only opportunity to speak to you directly, at all other times opposing counsel has to go through your attorney in order to get information about you, your symptoms, your treatment, and your accident.
Depositions generally take about 2 – 2.5 hours, depending on who is doing the questioning and the extent of your injuries. Before any deposition your attorney will meet with you to prep and to talk with you about any potential issues, go over the next steps, and what type of questions to expect in the deposition.
The main purpose of a deposition is just so the opposing counsel has the opportunity to shake your hand, put a face to the name, and talk to you directly. Opposing counsel will be weighing your credibility as a witness and ultimately your deposition will not be used at trial, unless it is for a specific purpose such as impeachment, recalling your memory, or evidentiary reasons. Depositions are generally not adversarial, so it’s nothing to be overly concerned about and your attorney will properly prepare you for your deposition.
Contact Meuser, Yackley & Rowland, P.A. for a free, confidential, no-obligation case evaluation and consultation. The knowledgeable attorneys at Meuser, Yackley & Rowland, P.A. take the time with each client to help determine which benefits under the Minnesota Workers’ Compensation Act you are entitled as well as discuss PERA Duty Disability benefits and Healthcare Continuation Benefits under Minnesota Statute §299A.465. Call us today at 1-877-746-5680.