Deposition Mistakes in Workers’ Comp Cases

Depositions are an important piece of the puzzle when it comes to workers’ compensation cases. These meetings under oath help your attorney and the other side’s legal team get the facts and data straight before your trial begins. 

It’s important to know what to do in a deposition and what mistakes to avoid during a deposition to be successful. The great news is you don’t have to navigate this alone. Let our experienced team here at Hoffman Law Firm help guide you through your deposition and fight for you throughout your trial.

Read on to learn more about what mistakes to avoid during a deposition.

hand shake in workers' comp claim, deposition mistakes

The Purpose of a Deposition    

A deposition occurs before your trial and is considered standard procedure in the legal process. During the deposition, you will give your testimony out of court in the presence of your lawyer, opposing legal counsel, the other party involved, and a court reporter.

The other party’s attorney will ask you questions regarding the accident to discover and gather information for the trial. This meeting always occurs under oath, so you must answer any and all questions truthfully and to the best of your ability. Everything that is said during your deposition will be recorded and can be used in court if your case goes to trial.

You will be notified of your deposition in advance, giving you ample time to prepare. Your attorney will work with you to prepare your testimony and be ready for what questions the other party’s legal counsel may ask. 

Common Deposition Mistakes  

Since it’s an important part of your trial, you want your deposition to go as smoothly as possible. Here are a few of the common mistakes people make during a deposition and what you can do to avoid them.

Answering Before the Attorney Finishes the Question

During your deposition, always make sure to wait until the entire question has been asked by the attorney to ensure you’re providing the right facts. Listen closely to the whole question to avoid giving unnecessary information that could impact your case.

Responding to a Question When You’re Unsure of the Answer

During a deposition, it is best to say “I don’t know” when you’re not completely sure of the answer. The truth is the most important aspect of a deposition and making guesses could lead to untrue information being against you in court.

Giving False Information

Unlike that famous line from A Few Good Men, we CAN handle the truth.

The purpose of a deposition is to get the facts straight for your trial and giving any false information or lying will hurt you in the long run. This can include withholding any information about the accident or your current or past injuries, lying about previous injuries or accidents, and exaggerating your condition, symptoms, or disability. 

Becoming Angry or Behaving Unprofessionally

Lashing out against the opposing counsel will not help your case. You may feel that it is unfair to have to undergo questioning or become flustered with the questions, but remember to remain calm, answer the questions to the best of your ability, and maintain your professionalism.

If you feel like you need a break, you can simply take a moment to go to the restroom and then discuss your frustrations with your attorney outside of the room.

Failing to Follow Your Treatment Plan

One question that typically comes up in a workers’ comp deposition is your medical treatment plan. The other party’s attorney will want to know the specifics, so be familiar with the treatment plan prescribed for your injury.

It’s important for you to follow your treatment plan as the insurance company may decide that you caused your injury to worsen by not following your doctor’s orders.

Facing Your Deposition Without the Help of an Attorney

Going into your deposition without representation can result in you being unprepared and potentially providing damaging information.

Your attorney is there to guide you, prepare you, and protect you during your deposition. They’ll help you perfect your testimony and help you understand what the other party’s legal team will be asking of you, leaving you with a better expectation when you enter the deposition room. 

While your lawyer cannot tell you exactly what to say and how to answer questions, they will be there to support you every step of the way. As soon as you have been notified of your deposition, call on an experienced personal injury legal team, like Hoffman Law Firm

Contact Hoffman Law Firm Today!

A deposition is an important piece of your workers’ compensation case, and in order to be successful, you need the help of a skilled attorney to protect you and support you during your deposition. Our team here at Hoffman Law Firm is here to help you confidently go into your deposition and fight for you in the courtroom. 

Located in Charleston, SC, we support accident victims throughout the Palmetto State. Our personal injury lawyers here at Hoffman Law Firm have extensive experience handling a wide variety of cases.

Plus, you only pay us if we win your case.

We have established a reputation for success, as well as great service! To meet with a member of our team, schedule your consultation today. 

Our personal injury law firm offers trusted legal representation right here in the Lowcountry, including these practice areas: 

Workers’ Comp

Wrongful Death


Brain Injury

Spinal Cord Injury

Car Accident

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