Go to navigation Go to content
Phone: (516) 222-4000
Goldstein and Bashner

The #1 Mistake Most Plaintiffs Make at a Deposition

Are you nervous about an upcoming deposition? You are not alone. Many of our clients fear the deposition, which is the questioning of witnesses before a trial by the opposing attorneys to discover what they know and help prevent any surprises when that person is on the stand. These depositions are part of the pre-trial discovery, and they usually take place in one of the lawyer’s offices.

The mistake most often made by plaintiffs is that they talk too much. The most important thing to remember at a deposition is to just answer the question, no more and no less. 

What Should I Do At a Deposition?

  • One of the most important things to understand and remember is that it is okay to say “I don’t know,” “I am not sure,” or “Please repeat the question.” It is important to understand exactly what is asked of you answer that question.
  • Don’t overthink your answers, just tell the truth. Many plaintiffs are tripped up by trying to figure out what the “right answer” is to the question. The right answer is the truth. We have seen plaintiffs lie when asked if they were ever in an accident or if they were ever convicted of a crime. It is far better for your case to tell the truth, even if you think it will hurt your case. We can work with that if we know, but if you lie it will be discovered and that is a lot harder to fix.
  • Just answer the question. As we have said, the big mistake made at depositions is talking too much. Answer as simply as possible, making sure to provide a complete and honest answer. If a simple “yes” or “no” answers the question, there is no reason to elaborate or volunteer information.

Our Long Island Personal Injury Lawyers Can Help You

If you are subpoenaed for a deposition, it is important to have a lawyer who can properly prepare you, answer all your questions and concerns and make sure your rights are protected during the deposition. If you feel your attorney is not doing this, it may be time to change attorneys.How do I change my personal injury lawyer

Find out how easy it is to change attorneys in this free download: ‚ÄčHow do I Change My Lawyer

Have questions or want to find out more information? Contact our Long Island personal injury lawyers to set up a free consultation. 

Live Chat