The phrase “giving an affidavit” or a declaration or statement is accurate. During a deposition (also called a “depo” for short), both your San Antonio personal injury lawyer and the insurance company’s attorneys will have a chance to ask you questions about your personal injury claim under oath. Before you answer any questions, the court reporter will “swear you in” (just like on tv) and you will be responsible for telling “the truth, the whole truth, and nothing but the truth.” However, you are only responsible for telling what you remember and what you know. From auto and homeowners insurance to personal umbrella insurance, we can find the right match for you! Another question I’m often asked is “why do they want my deposition … isn’t there some way to avoid this?” The short answer is usually “no, this happens in nearly every case.” There are many reasons why the opposing side wants or needs to take your deposition. At Crosley Law, we carefully investigate our clients’ cases, calculate their damages, and build compelling arguments for their fair compensation. Insurance adjusters frequently try to take […], When someone’s negligence causes your brain injury, you deserve accountability and compensation. A picture, as … Request a Quote; ... An agent can help you learn more about the benefits of Encompass policies. Your personal injury lawyer will want you to deliver thoughtful, accurate answers to every question. When it comes to insurance coverage litigation, claims representatives and their supervisors should expect to be deposed by opposing counsel. The driver behind you was texting and driving, and because they weren’t paying attention, they rammed their vehicle into the back of your car. A deposition is one of the methods that lawyers can use to find out information to help prepare a case for trial. Sometimes, they want you to drop your claim and believe that being mean to you at a deposition will cause you to go away. Find an agent. Deposition •Entity representative depositions (FED. try to get you to make statements that damage your credibility and weaken your claim. It’s typically in your best interest to have a personal injury lawyer present with you at your depo. When it comes to insurance coverage litigation, claims representatives and their supervisors should expect to be deposed by opposing counsel. Your email address will not be published. If you need something reworded or explained, don’t hesitate to ask. And, you’re most likely experiencing a lot of stress and anxiety in general after suffering a serious injury. You must do this even if the answer might be unfavorable to you or embarrassing. Before you speak with an insurance adjuster or defense lawyer. At your deposition, the insurance company’s lawyers will likely try to get you to make statements that damage your credibility and weaken your claim. Unless you are running a large business or come from a family of trial lawyers, chances are that you don’t know a lot about the legal system or the intricacies of filing an injury claim. Due process under the Constitution entitles you to have your own attorney present at your deposition. Creatively use insurance policies, claim files and other exhibits in examination. They called their insurance agent to let them know that the old home was empty. Exhibits are given to the reporter for marking, if exhibits are going to be marked in … The goals of a corporate-representative deposition in an insurance coverage dispute do not differ significantly from other cases. According to a 2015 article published by the Insurance Information Institute entitled “Insurance Fraud,” somewhere around $32 billion a year is lost by property/casualty insurance carriers to fraud. For example, an Allstate agent is, as a matter of law, an agent of Allstate (the same applies to a State Farm or Farmers agent). At your deposition, you are able to have your attorney present. What does that mean and what do you have to do? All of these things help them better gauge their risk and determine whether to settle your case or go to trial. Many people misunderstand what the deposition process is and what it means. Luckily, our insurance company was quick to respond and we got everything taken care of promptly. Do not volunteer information or answer your questions in a way that you think will help your case. Some attorneys do this as a matter of routine and simply ask questions from a standardized list. The key is to tell your attorney everything that is potentially embarrassing or potentially harmful and that may have an impact on your case. The person who is deposed is called the deponent. [§§7:72-7:79 Reserved] B. The correct term is “having your deposition taken” or “being deposed.”. Sometimes, accident victims feel like they ha. There is generally a cost for the court reporter’s time, as well as for production of the transcript. Your lawyer can work closely with you to help you understand the process and coach you in how to respond to questions. Often, the first step towards getting the help you deserve is finding the right brain injury lawyer. It cannot and must not be … 6, 11/12) Deposition Checklists and Strategies Contact us at (800) 440-4780 or www.jamespublishing.com T. EVAN SCHAEFFER The Uniform Health Care Information Act adopted by the Washington State Legislature went into effect on July 28, 1991. Don’t take the bait. 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