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As the best personal injury lawyer in Miami and South Florida would advise you when it comes to your testimony, just tell the truth. But there are particular strategies and techniques that can help you present your testimony in the best light possible. It is the job of your personal injury litigation attorney to prepare you and guide you before your deposition or trial testimony.
The first step is preparation. You should review all the relevant documents of your case before your deposition. The lawyer will explain the format of the deposition and who will be asking the questions. Part of your preparation is knowing what to wear.
Understand that your appearance will be evaluated in a deposition and in trial. It is part of human nature to not only listen to what someone says but also how they look. Your clothes, hair style, grooming and overall appearance will be taken into account.
In the personal injury business, most cases fit into certain categories depending on the type of injury. Insurance defense attorneys can handle 75-125 cases at any given time. The one thing the medical records and accident report cannot reflect is the type of witness you might be at trial.
Every defense lawyer provides a report to the insurance adjuster after a deposition. One of the key parts of the lawyer’s evaluation is the demeanor and appearance of the witness. The insurance company wants to know:
In personal injury cases without clear objective signs of injury such as a fracture or surgery, much of the plaintiff’s case will hinge on the believability of the plaintiff. If a jury doesn’t like or trust the plaintiff, even the best personal injury trial lawyer in Miami, Fort Lauderdale or West Palm Beach won’t be able to help win the case.
Most insurance defense lawyers try to win by using the strategy of “death by a thousand cuts”. They will build upon an exaggeration then an omission followed by a lie. They will draw out incomplete answers. Each one of these might be insignificant – like a paper cut. But a thousand paper cuts can kill a case.
What can you do to make sure you testify to the best of your ability? Our personal injury lawyers recommend:
While you might have a fair amount of anxiety and stress before your deposition, once it is complete you will realize it wasn’t so bad after all. Understand that your deposition is a key and important part of your lawsuit. Most cases will not settle until the plaintiff testifies and the insurance defense lawyer has made their reports.
If you have any questions about your slip and fall injury or car accident, you can call the accident and injury lawyers at Wolfson & Leon. We offer free consultations. Just call us at (305) 285-1115 and let us answer your questions today.