How to prepare for your Defense Base Act Deposition
Your Defense Base Act claim for benefits for your injuries has been filed. You sustained injuries while working with a DBA contractor and now you have been scheduled to have your deposition taken. If you have never had your deposition taken before, then you are probably wondering what to expect. A deposition is an informal court setting where the attorney for your former employer will question you about your claim. This is essentially your opportunity to tell your story. Even though this is an informal proceeding, you will be sworn in by a court reporter and will answer all the questions under oath. This means that your testimony will have the same force and effect as if you were sitting in an actual court room before Judge. This is why all of your testimony must be one hundred percent truthful and to the absolute best of your knowledge. Do NOT guess!
The attorney for the employer and insurance company will ask you questions about a variety of topics. These topics will include some of your background information (questions about your family, residence, education, etc.), your employment history up to the date of your injury, your employment history since your injury, and your entire medical history. All of these questions are an effort by the defense attorney to obtain as much information as possible from your own words. This is why it’s very important to know what to expect and how to respond in a deposition. All of your testimony will be presented to the Judge, should your case go to trial, and the Judge will determine whether or not you are credible based upon your testimony. Therefore, it is imperative that you tell the truth and do not guess when responding to the attorney’s questions. When it comes to dates, times, quantities of measurement; it is okay to approximate as long as you let the attorney know you are doing so. It is perfectly fine to say “I don’t remember” or “I’m not sure.” It is not okay to state an answer is absolutely correct if you only “think” it is correct. Continue reading →