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Q:
My deposition is coming up soon, and I’m getting nervous. I’ve heard that defense attorneys can ask strange questions that don’t seem to pertain to my accident or injury. How should I handle questions like this?

A:

These are known as credibility questions, or questions designed to examine if the issues resulting from a Chico workplace injury are consistent with the physical symptoms. Unfortunately, defense attorneys frequently use this kind of questioning to manipulate you into giving testimony that they can discredit with evidence.

Credibility questions can definitely seem a bit strange if you don’t know this. Your deposition is about your workers’ compensation claim, not the last time you mowed the lawn. Keep in mind that the best way to handle credibility questions is to qualify, or explain your answer in a little more detail, and avoid speaking in absolutes.

In the days before your deposition, practice responding to questions about your limitations without using words like “no,” “never,” or “I cannot.” Instead, try responding with phrases like “I don’t recall being able to do that since my injury,” or “Sometimes I am able to stoop down, but I will pay for it later,” or even “It depends on what medication I’ve taken.”

Anyone about to give a deposition could probably use a bit of coaching. If you’re not sure how to proceed, schedule a free consultation with a Chico workers’ compensation attorney. Call Ledgerwood Law Group at 888-761-7383. Our informative report, The Northern California Workers’ Compensation Survival Manual, is available to you free. Contact us today!

Thomas Ledgerwood
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Proprietor Ledgerwood Law Group