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Six Mistakes to Avoid in a Workers' Compensation Deposition

March 08, 2012 | Comments: 0 | Views: 167

The insurance company lawyer is taking your deposition because you filed a Virginia Workers' Compensation claim. You claim you were injured on the job and you wish compensation and medical coverage. The insurance company lawyer hopes to trap you in a mistake that will cost you your case. There are Six (6) mistakes you should avoid in your deposition.

1. Don't lie you must tell the truth. It is mistake to think you can get away with lying in your deposition. You need to be truthful about what happened to you. Remember your testimony in a deposition is under oath. Anything you say can and will be used against you are the hearing by the other side.

2. Don't guess. If you do not know an answer then just say you do not know the answer to a question. This is especially true about distances and measurements of any kind.

3. Don't fail to prepare. You need to review your medical history. You need to review what you have said on medical reports about your injury, accident reports about your injury, and recorded statements about your injury given to the claims adjuster. If a doctor did not take down a history of your injury, you will have to explain this omission.

4. Don't fail to listen to the question. You are only required to answer the question. It is not a time to be making speeches. If you don't understand the question ask for it to be repeated. Try to give truthful concise answers to every question.

5. Don't fail to review Interrogatory Answers. If Interrogatory Answers have been already prepared and filed, you need to review them with your lawyer before the deposition. To the extent you can, you need to be consistent with any prior answers you have given.

6. Don't volunteer information. You have been injured and you want to tell your story. You want to tell how this has harmed you and your family. You want to tell about all the problems you are having. Unfortunately, the defense attorney is not going to care about your problems. You may say something that will harm your next so just answer the question that is being asked.

In summary, if you listen to these pointers you will not make any of the mistakes listed above and "hopefully" your claim will be approved. Of course, if you have a lawyer, you should review these pointers with your lawyer to avoid any of these mistakes.

Jerry Lutkenhaus has 35 years of practice as a Virginia Workers Compensation Lawyer. In 1999 I was seltected in Richmond Magazine as the Best Workers Compensation Lawyer in Central Virginia. In 2003 Martindale-Hubble awarded me its highest rating for legal excellence. I have lectured on both Social Security and Workers Compensation matters.

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Source: EzineArticles
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Interrogatory Answers

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