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I agree that you should have an attorney representing you. If you do not, consider postponing the deposition and requesting that your insurance company provide you with one. Insist on meeting with your attorney several days before the deposition to help you prepare. But, from your post it sounds like you and/or your son are the Plaintiff's. I used to take and defend lots of depositions. Here is the advice I would give my clients:
Be honest and as accurate as possible even if YOU think it will hurt your case. Don't exagerate of minimize things. Don't say, I couldn't walk for a week when it was really six days. Don't say I can't sleep at night when you mean I have trouble falling asleep. Be polite and respectful. You don't have to call the lawyer sir or ma'am, but I would call the lawyer Mr. Jones or Ms. Smith. This is especially imporant if the deposition is being video taped because it may be played for the jury. You want the jury to like you. It won't help your case if you come across as angry and evasive. Relax and answer the questions as best you can. "I don't know" "I don't remember" "I don't understand your question" are all acceptable answers as long as they are true. Don't let the attorney mischaracterize something you have said. Correct the attorney politely.
"Its a yes or no question" is a favorite of a lot of attorneys, but if you can't answer yes or no, tell the attorney. If they insist on a yes or no answer do your best and ask if you can explain your answer. "Yes, but I'd like to explain." The lawyer has to give you a chance to answer and if he doesn't it will look like he is trying to hide something. Stay calm and don't get argumentative even if he provokes you. The meaner the attorney gets the nicer you should be. Of course you should stick up for yourself and not get pushed around, but do it in a mature and respectful way. Don't start answering a question until the attorney is done asking it. The attorney should let you answer the question fully, too. Don't let the attorney cut you off. If he/she does, just simply say, "I wasn't done answering the last question." Don't be in a hurry to get out of the deposition as uncomfortable as it may be. Ask for breaks if you want. No matter how onry the attorny is, he will be candid with his client regarding your performance in the deposition and it will have an impact on their evaluation of the case. If he walks away from the deposition knowing the jury will like you, he will share that with his client in making a recommendation on settlement value of the case.
Relax and I'm sure you will do fine.
Tim
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