I'm doing to have to give a deposition...?

[cinnard]

for my medical malpractice lawsuit (I'm the Plaintiff). What should I expect? I have never been involved in any legal "stuff" before, just want to know if everyone is nice about it, or is it a tv-type hostile environment?

[geol19]

I think the answerer that said to keep your answers short is good advice. Answer the question and only the question. If the question can be answered yes or no, answer it that way. For instance, if the question is "Can you tell me the time", the answer is "yes", not "its 3 o'clock."

Don't lose your cool or allow yourself to get emotional. This is business.

Finally, resist the temptation to fill silence with your speaking. One technique lawyers do in order to get more information is to wait between questions to see if you will keep talking and "elaborate" on your last answer. Do not fall for it. Answer the question asked and then wait for the next question, no matter how long the questioner pauses.

And to answer your question about being nice. Remember the opposing lawyer wants to "destroy you", not literally of course, but he wants to damage your case to the extent that you will lose. So even if he is very nice, he is not your friend and he is not on your side. Act accordingly. But be unfailingly polite and "cool". It will make them think you will make a good impression on a jury and urge them to offer a reasonable settlement.

Finally, don't really count on us here at Yahoo answers. Your lawyer is getting the big bucks to advise you. LIsten to him.

[torin7]

They'll ask you a bunch of questions over and over in differents ways to try and trip you up. The lady that was the defense counsel was snotty but it wasn't hostile like on TV. They just try to trick you and make you doubt yourself. You can always go outside with your lawyer and ask them how you should answer a question. Or have them rephrase one if you don't know what they're talking about.

As long as your honest you'll be fine.

[jordi]

Honestly, it depends on what type of personality the defense counsel has. Ask your own attorney, he or she has probably either dealt with the other attorney before or at least knows something about his or her reputation.

It's not supposed to be anything hostile, it's just supposed to be a fact-finding mission. Answer clearly and concisely, and do not offer any more information in any answer than what they ask for. Your attorney should prepare you for this ahead of time.

[artek57]

Honestly, it depends on what type of personality the defense counsel has. Ask your own attorney, he or she has probably either dealt with the other attorney before or at least knows something about his or her reputation.

It's not supposed to be anything hostile, it's just supposed to be a fact-finding mission. Answer clearly and concisely, and do not offer any more information in any answer than what they ask for. Your attorney should prepare you for this ahead of time.

you'll be sitting in a room with your lawyer and probably a few defense lawyers and a stenographer.

The defense lawyers will basically ask you questions in a way as to get you to admit something that is bad for your case. Especially questions about the extent of your injuries or how the accident occurred.

Your best bet is to keep your answers very simple and short. Don't answer anything that wasn't asked, ie when asked if the weather outside is nice don't answer that it is 32* and snowing, the correct answer is either yes or no

also take a long deep breath before every single question...it gives your attorney a chance to object and it gives you time to think about an answer so you don't get screwed up

remember anything you say can be used against you, feel free to say "I don't remember" or "I don't understand the question" or "I answered that already"