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Shasta Workers’ Comp Attorney: Be Prepared for Your Deposition Testimony

If a knowledgeable Shasta worker injury attorney hasn’t prepared you, California workers’ compensation deposition testimony can be a veritable minefield of innocent misstatements that can get you into serious trouble.

Guessing?

When you’re talking to a friend, you might not remember the exact way something happened, so you’ll fill in the blank with an estimation or guess. It’s an easy and understandable habit – but one you’ll want to train yourself out of before giving a deposition.

Remember: any statement you make in your testimony is under oath and penalty of perjury. The biggest danger isn’t even a denied claim, but a felony charge.

Laying a Foundation for Evidence

Most of the questions the defense attorney will ask you relate to the concrete facts of your workplace injury, your previous workers’ compensation claims, and your medical history. The defense attorney will want to know hard details—times, distances, and exact sequences of events. You may feel pressure to provide an answer even when you aren’t exactly sure what the answer is.

Any statements you make during testimony must be grounded in accurate memory of your direct experience – a foundation for the evidence that will be used to determine your claim.

If you answer a question with details that you aren’t sure about and if you speak from anything less than your direct experience, you are guessing, and that could mean problems. For example, if you say an incident occurred “at noon” instead of “around noon,” and the actual time of the incident was 1:17, then this could be construed that you are being dishonest.

Any time you give an answer that you aren’t 100% certain of, be sure to clarify the fact that you are estimating with qualifying phrases such as:

  • “Approximately”
  • “To the best of my recollection”
  • “About”

To learn more about avoiding common deposition pitfalls, schedule a no-cost case review with a Shasta workers' compensation attorney today. Call 888-761-7383 or fill out the online contact form. Our information-packed book, The Northern California Workers’ Compensation Survival Manual, is available to you free. Contact us today to get started with your case.


Thomas Ledgerwood
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Proprietor Ledgerwood Law Group