DEPOSITION MISTAKE #1: Don't Get Verbal Diarrhea!
What Will Happen if the Defense Attorney is Not Ready for Trial?
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NY Medical Malpractice & Personal Injury Attorney Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com
Yes, you read that correctly.
One of the biggest mistakes you can make during your deposition is to get verbal diarrhea.
SAY WHAT???
Let me explain...
When you bring a lawsuit seeking money as a form of compensation for all the harms, losses and damages you suffered because of your doctors' carelessness, there will come a time when you will be questioned by the attorney who represents the doctor you sued.
This is a question and answer session that takes place in our office.
In our conference room actually.
The defense lawyer will want to learn lots of things.
How did the wrongdoing happen.
What lead up to that event.
What conversations you had.
What happened, in your own words.
What injuries you have now because of whatever happened.
What activities you're no longer able to do or do with limitations.
The defense will want to know if you have lost earnings.
What you did for a living.
How much you were earning.
The attorney will ask you about your current medical care and treatment.
You should keep this in mind...
The answers that you give to these probing questions represent your SWORN testimony.
It carries the SAME EXACT weight as if you are testifying at the time of trial.
One difference is that this is pre-trial testimony and it takes place in our office.
Another difference is that there's no judge there and there's no jury there either.
Many injured patients think this is the time to tell the defense attorney EVERYTHING that happened to them. EVERY LITTLE DETAIL!
Actually, your deposition is NOT the time to tell the defense lawyer everything that happened to you. Instead, your goal is to simply answer the defense attorney's question. One by one. That's your goal.
If he shows you a pen and asks you "What is this?" your response should be "It's a pen."
If he wants to know what type of pen or what color it is or the make and model, he'll ask you those questions and you answer JUST those questions. Don't tell him a story about that pen. Don't explain how you love pens. Don't give him a song and dance about how you have a pen just like that. He didn't ask you any of that. All he asked you is "What is this?"
Watch the video to learn more...
Have questions about your matter? If your matter happened here in New York and you have not yet started a lawsuit, call me. I can answer your legal questions. This is what I do every day and would love the opportunity to chat with you. You can reach me at 516-487-8207.
Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com
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