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Thursday, September 26, 2013

Preparing for Depositions

So yesterday, our attorney met with us to "prepare" us for upcoming depositions. This meeting was not at all what I expected.

I had, of course, done some research on the internet and had run across something like this: "your attorney will meet with you before your deposition, brief you on all the possible questions you may be asked and instruct you on how to properly answer them". I also had watched several attorney-made YouTube instruction videos for personal injury plaintiffs, which informed me that you should answer all questions with the shortest possible answer, and you should be careful not to give out "too much information" as such information can be used against you. One example I remember was this: If you are asked "do you know what time it is?", you're supposed to look at your watch and say "Yes." DO NOT say "Yes, it's 1:00" because that is giving away too much information. Also, that you should pause before answering any question to allow time for your attorney to object to the question. Also, that you should not look at your attorney during the process as that will make you look unsure of your answer. And then there was all sorts of stuff about how the defense will try to trip you up and trick you into saying something incriminating or how they may turn your words around so that it sounds incriminating, or take your words out of context and use them against you, etc. etc.

Now you know why I was worried about this.

Anyway, so our attorney arrives and we first go over the schedule for that day. The defense team will be coming, first, to our house to depose Bob. This will probably last all of about five minutes, once the defense realizes that Bob, with his aphasia, isn't going to be able to answer many questions. Afterward, we will leave Bob at home with Chris and travel to a downtown office where I will be questioned for 2-3 hours.

He said to expect to be asked about three things: Bob's medical condition pre-stroke, the events of the morning of Oct. 21, and Bob's continuing medical needs/care since then.

He told me to just be calm and truthful and friendly. He told me not to worry about the defense lawyer as the "only bully in the room" will be him, our attorney. And he will be my "protector". And even though the defense is calling for this deposition, "we are in the driver's seat".

He said, the main thing he wants to achieve at the deposition is that the defense's lawyer finds us to be an "average American couple" who were struck by this tragedy, which is exactly who we are. So, he tells me, "just be yourself".

And that was it. That was our whole preparation. Like I said, not at all what I expected. And I must admit our attorney is still very confident about the whole thing and that, alone, makes me feel much calmer.


Barb Polan said...

You'll do great! You're definitely prepared.

Anonymous said...

You are going to do fine because you are asking for what you guys are entitle, your life gas change in a blink of an eye, and it was their mistake, they weren't checking on Bob as they were suppose to. You trusted them and they fail you.

Love Yadira

Theresa Loder said...

you are going to do in your Heavenly have personally walked each step of this with the love of your life..

Take care

J.L. Murphey said...

Diane, Bob had the short answers down pat, did he. LOL He scores points for having aphasia.

You on the other hand are loaded for bear. You've done your research, talked with your attorney. He has confidence in you. Life before stroke to life after the stroke...there's no comparison.

Jenn said...

Remember to breathe. ;-) you're a smart cookie, been in the political ring, etc. Draw on those experiences to strengthen you. Keep doubt from creeping in, too. Love ya babe!