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  • Depositon advice Missouri

    I am having my deposition hearing this afternoon and I need advice from anyone who has done this. I have never been through a deposition hearing and my lawyer gave me advice yesterday afternoon but I never saw the video as the deposition room was occupied and this is last minute nerves for me to try and settle down.

    I know about telling the truth and only answering questions asked to me but to me it's proving to them I didn't lie about my injury and how to stay calm and collected. I'm looking for anybody's tips and advice that could help get through this with out getting emotional etc. It has been 3 months since my injury and last week I was sent home from work, they were no longer able to accomadate me, so it feels like I'm really hanging on thin thread.

    How did you stay focused and calm during deposition?

    Thanks!

  • #2
    Are they taking a deposition or are you attending a hearing on causation? Depositions are very unusual in WC, which is why I ask.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      It is a deposition, my lawyer, company's lawyer and a "clerk" that will type the transcript.

      My company doesn't believe it happened at work and are trying to win their case. We have the date set for court incase this deposition doesn't change their minds and to give me the surgery that their doctor (orthopedic) recommended me have on Aug 4.

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      • #4
        It is extremely unusual for there to be a deposition at this point, but I'll leave that in the hands of your lawyer.

        Essentially the advice you have been given is sound. It is not an interogation. You won't be locked in a little room with bright lights shone in your face. It is simply a fact finding type of exercise. Just answer the questions as asked. I'd avoid caffeine and sugar beforehand as both can make you shaky and add to your nerves. Wear comfortable clothing as anything tight, scratchy or requiring adjustment will only make you more nervous. Get there early so you aren't stressed by traffic delays and parking woes.

        Your lawyer is there to guide you. Just take some deep breaths and listen to your lawyer. You'll be fine. You aren't expected to be an expert on this. If you were, then we'd have to wonder about you Remember to that it isn't always that your employer believes that you lied. Under WC there are certain times and situations that are covered by law and others when it is not. The devil is in the details and sometimes it requires a more formal setting to get to those details. I'm not familiar with your case but there have been times when there is no question the employee was injured. The only question was did it occur in a way that causes it to fall under WC.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Your lawyer already went over this with you, I'm sure, but
          wait a few seconds after the question is asked to answer (so your lawyer can object if necessary)
          speak slowly and clearly (so the court reporter can understand you and type it correctly)
          If you don't understand the question, say so, and don't answer it
          If you need a break, ask for one as soon as you finish answering a question (don't ask for a break while a question is pending because it looks like you don't want to answer the question)
          If your lawyer asks for a break, and starts heading for the bathroom, follow him - he might want to talk to you.
          Megan E. Ross, Esq.
          Law Offices of Michael Tracy
          http://www.gotovertime.com

          Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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          • #6
            Thank you so much for your valuable information, it's hard for me doing this as it is more personal (dignity) then business. I need to remember to stay focused and not let this lady intimidate me, they don't want to pay for my surgery, and I do, as the injury did happen at work and I have no prior injuries concerning this matter.

            I can do this, I know I can, I'm just not familiar with how it works being a newbie, also my surgery will depend on how this falls out, according to my lawyer.

            At this point, I'd rather be taking a lie detector test because I am not lying, but in this deposition any wrong word/wording/hesitation can hurt my case.

            I stopped drinking coffee at 10am and have had no other caffeine

            My husband tried to pep me before going to work saying, answer the questions, be calm and you will be ok. He's really trying

            Anyways, thanks for all your great advice, 2,5 hours left!

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            • #7
              Update



              Deposition took about 1 hour and 20 minutes, when it was done my lawyer took me to the front to let me go and she turns to me with a huge grin and both thumbs up mouthing Great Job! She couldn't say much as the other lawyer was in the next room but boy did she ever put a smile on my face and relief in my whole soul!

              Again, thank you for all your advice, it did help me get through this and not "mess it up" in any way, you are all so great

              Next step is court, coming up next week to meet with the judge and see if he can persuade/recommend the company to give me the surgery I need.

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              • #8
                Great job.

                I will offer one other piece of advice to those about to be deposed. (Not disposed of... sorry... another thread).

                Anyway, don't forget that "Yes" and "No" are perfectly acceptable answers. Do not say any more if Yes or No takes care of the question. An old trick is to sit and look at you without saying anything. People naturally feel the need to fill a void in a conversation with words... and none of them will help you.

                The next time you are having trouble with a teen ager, try it. Sit across the table and just look at them. Not in a mean way, but just don't say anything.
                Not everything that makes you mad, sad or uncomfortable is legally actionable.

                I am not now nor ever was an attorney.

                Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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                • #9
                  Glad to hear it went well. One thing though, judges don't persuade or recommend, they order. You should hvae your answer one way or another shortly.


                  Cyjeff The next time you are having trouble with a teen ager, try it. Sit across the table and just look at them. Not in a mean way, but just don't say anything. you are clearly either a parent or have worked in education. It does work amazingly well. And, on errant employees as well.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    Actually, I am both a parent and a former Loss Prevention Officer.... and just sitting there not saying anything people reveal things you wouldn't believe.

                    Things that, quite honestly, I never really wanted to know.
                    Not everything that makes you mad, sad or uncomfortable is legally actionable.

                    I am not now nor ever was an attorney.

                    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                    Comment


                    • #11
                      Thank you!

                      Hardship Mediation is the next step in my case, that is what's set for next week, that's where I was told that the judge can recommend them to give the surgery to me but can't order it at that point, they can still deny it.

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