The purpose of a deposition is to obtain facts and information; however, at times it can seem more like an inquisition. At the recent Workers Compensation Educational Conference in Orlando, Fla., Crystal Chancey, claims manager for Publix Super Markets, Inc.; Caitlin Beyl, an attorney with McConnaughhay, Coonrod, Pope, Weaver & Stern, PA; Sylvia Scremin-Pace, claims manager with the Broward County Public Schools; and Steven Shoaff, assistant manager of claims for Sedgwick shared their insights on what to expect and how to prepare for a deposition.
Adjusters summoned for deposition should be aware that any testimony presented could be used later to impeach their testimony. If you misspeak or remember something else about an incident, it is important to explain or be able to support any discrepancies.
A deposition will generally begin with easy questions such as your name, address, employer, position, experience, supervisor’s name, education and professional background. The attorney will also ask whether or not you have been previously deposed on this claim.
Once notified of the deposition, respond immediately. Prepare an outline of possible questions, review the file for the claim involved and be aware of any issues that could arise. Bring documents such as payouts, responses to queries, medical records, denials and the reasons for denying a claim with you. Creating an outline of the questions and materials needed will make it easier to identify them during the deposition.
Some depositions can be very targeted and others can be broader ‘fishing expeditions’. Listen to the questions before answering and respond specifically to what was asked. Answer ‘yes’ or ‘no’ when possible and do not elaborate with additional details. Some attorneys may give you a silent stare, hoping to make you uncomfortable so you will volunteer more information, don’t elaborate.
Make sure to follow the advice of your counsel and give the attorney time to object or clarify a question before answering. If something seems unclear, ask for clarification.
When depositions are taken telephonically, make sure to listen carefully to the questions and provide brief answers. Don’t speculate on information such as why something was filed or handled in a certain way. If you are unsure of an answer to a question, it is perfectly permissible to respond with, “I don’t know.”
While depositions can sometimes be adversarial, it is important to be polite and cordial. Occasionally, an attorney may pose a hypothetical situation that mirrors some of the facts of your case, but not all of them. Do not speculate and do ask for more information before answering.
If you have been deposed previously in the same case and realize that some of the information you presented was incorrect, it is important to correct any errors or omissions and not leave them on the record. It is also important to be honest since there are penalties for perjury and your credibility could be questioned.
Beware of techniques attorneys may use to throw you off balance or distract you such as objections, repetitive questioning or badgering questions if they are not getting the information they want. Any delays between questions and answers should be used wisely and not as a stall tactic. If your answer to a question will work against you, answer honestly and move on — there is no need to justify the response. If a follow-up question is asked, answer truthfully — honestly is always a good tactic.