Preparing for Your Deposition

Preparing for your deposition is probably the most important part of your case, even more important than the police accident report.  If you’re not prepared properly, you can ruin your case.

What is a deposition or EBT?

A deposition is also commonly referred to as an EBT or Examination Before Trial.  A deposition is a formal session where the attorney for the people we are suing will ask you questions about your motorcycle accident and your injuries. The questions and your answers are recorded onto a paper transcript by a court reporter.

Where is the deposition held?

It may be done at the courthouse but we do them in a much more comfortable setting at the office of a court reporting company.

Who will be at the deposition?

A court reporter; the attorney for the person who caused your motorcycle accident; either Rob Plevy, Esq. or myself; and you.  The person who caused your motorcycle accident will be there after you leave and then we will ask him or her questions.

What questions will I be asked?

You will be asked questions about how the accident happened; your injuries and any prior injuries; the doctors you saw and the treatment you received; and many other questions.   You will probably feel some of the questions are inappropriate and repetitive.  Some questions are designed to trip you up; trap you into making untrue admissions such as speeding when you weren’t; and get you angry which can ruin your case.

How long will it last?

Approximately 2 hours but it can be shorter or longer depending on the facts of your case.

How will I be prepared?

Many lawyers will meet you an hour before your deposition to review the facts of your case.  This is the worst way to prepare you for your deposition.  Other lawyers will have you come to their office before your deposition to review your case and explain the deposition process.  Unfortunately, this method is not much better.  The problem is that when giving you oral instructions for a couple of hours, the information goes in one ear and out the other.  Clients never remember anything and after testifying horribly and ruining their deposition, the attorney is left wondering what happened.

We have the perfect way to prepare you so that you really understand what’s going on and how to give the perfect testimony!  First, you can watch an online video and then we will prepare you at our office where you will watch another video on a large screen TV where you can see an accident and the deposition.

You will see how the deposition is conducted with the type of questions you will be asked.  You will see the wrong way to answer, the right way to answer, and how the answers can affect you at trial.  You will also see how to dress; how not to behave; and how to behave.  Of course, we will go over the facts of your accident and injuries and review your case in relation to the video you watch.

Afterward, while at home, you can review a preparation video with questions and answers.

Sit on a comfortable couch while preparing for your deposition on a large screen TV
Preparing for your deposition with a large screen TV

What happens after my deposition?

Within 60 days, you’ll be examined by the insurance company doctors for the defense.  Many personal injury lawyers send their clients to these physical exams alone but we never let our clients go alone!  Not only will we be with you, but we will bring our own doctor!

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Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Philip L. Franckel, Esq. is the author of all articles and content on this website, one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York, well-known for representing motorcyclists. He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and is a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.

Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is a motorcycle accident lawyer and one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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