Agustin Turley's blog ::Workers Compensation Attorney Columbia -Advice on ‘What to say’
You just got a subpoena to appear for a deposition. You wonder why you have to go. Why do attorneys ask for depositions and what is expected in one? A deposition technically is an opportunity for each side in a case, civil or criminal, to find out the facts the other side has or knows. A workers compensation case in that respect is like any other, including divorce cases. You are under oath, just as you would be in a courtroom and asked to tell the truth. Questions from either side are taken down by a court reporter. During a deposition whatever disclosures are made can used at trial. So a deposition is important and not to be taken lightly by either attorneys or witnesses. They often are the bulwark of a case. Depositions provide an attorney to establish strengths or weaknesses they might have in a case and give them an opportunity to explore what else they might need to know or ask at trial. At a deposition in workers compensation, there are seldom confrontations. These are commonly done for those who have been injured on the job in order to obtain a settlement or for the worker to obtain some interim benefit before settlement is finally reached. The person hurt on the job, the employer, any witnesses or parties to the case may be called to the deposition. Lying at a deposition has the same penalties as lying in court with fine or imprisonment or both. Workers compensation cases don't often proceed to trial. That's why depositions are very important. Sometimes the deposition can allow the insurance company and the client to come to some agreement about compensation. It allows both sides an opportunity to examine the facts and make reasonable decisions. If you are the injured person, you may be asked to examine documents, look at photographs, or check details in any original account made of an accident on the job. Expect to answer questions from both your attorney and the opposing attorney that represents the employer through an insurance company. To prepare for a deposition, there are several recommendations cn how to dress and act. Dress conservatively. Act respectfully to those in the room. Speak clearly and slowly, enough for your answers to be recorded accurately. Be honest and tell only what you know. Answer the questions, but don't offer any information. Don't guess at the answer and say you don't know when you don't. Look at the person asking the questions, not at the attorney, because when you are being asked the questions, you are on your own. Stop talking if you object to a question and don't get angry. These are some of the basics, experts maintain folks need to know to manage themselves at depositions. The most important thing, in the long run, is to be honest in dealing with depositions, because they are designed to sort out the facts and to provide a reliable guide to make a decision about compensation, claims, medical care, liabilities and future needs. References Free Advice http://family-law.freeadvice.com/divorce_law/what_is_deposition.htm What's a deposition in a divorce case and what's going to happen Scribd.com http://www.scribd.com/doc/2518696/What-Is-A-Deposition What is a deposition Workers Compensation.com http://www.workerscompensation.com/regulations/reference/content.php?id=3090&state=illinois&category=EE Employee information - some suggestions |
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