Really, there isn't much point is worrying about the depositions. As a TBI patient, they're really a lose/lose.

If you stumble, and make errors, because of your brain injury, they'll say you're dishonest - and use that against you. If you do well, they will use that to say you're not brain injured.

It's the same when it comes to the settlement. If you were very intellectually capable before the accident, they'll say your injury is no big deal because you're still smarter than most people. If your premorbid intellectual horizons were more limited, they'll say your injury is no big deal because you were "stupid" before. See the pattern?

All that said, there are things one can do to help oneself at the depo.

Firstly, resist the urge to engage in verbal diarrhea. Answer questions with as few words as possible - don't offer up ANY extra information.

For example, when I was asked if my current car was an automatic or a manual, I asked back, "which one?" She has to ask another question to learn that BOTH our cars are automatics.

Like I said, give up NOTHING: they will twist, innocent, offhand comments against you.

Keep your answers vague. They will try to get you to say you were x many feet from the other car, or whatever. Just say you're not exactly sure - because you're not.

Beware the phrase, "You would have to agree with me..." Every time you hear it, say "I doubt we'd agree about much." They'll continue the line, but it tells them, and anyone reading the transcript, that you knew they were trying to manipulate your answers.

Ask them to repeat questions - over, and over and over. When they've repeated it, ask them to rephrase it. (Hey, we TBI folks might as well use our weak memories and slow comprehension to OUR advantage.) Firstly, this really annoys and flusters them. You prevent them from getting a rhythm and following their game plan. Secondly, it cuts down the number of questions they are going to get to ask.

A good lawyer will help you prepare for this ordeal.

Hockey: Thank you.

I remember doing a deposition 25 years ago( no fault accident)and the attorney kept saying "So what you're saying is..." and I'd say "No, that's not what I'm saying" mind you I had not suffered a concussion then so could think straight.

Unfortunately I get on my own attorney's nerves! I can tell he's frustrated with me as I can't think properly, actually his behavior is more upsetting than anything else at this point. He did say the other attorney wanted to do a deposition months ago but I'm not ready, will I ever be? I think not but...

He wags his fingers at me when I say I was beyond disorientated after the accident, telling me not to say that as they will use it against whatever I say as being wrong, what are you supposed to say then!!!!!!

He also said we are looking at going to trial (my nerves went even worse) as they are going to be awkward.

You're right, if I do well they'll say I'm not brain injured, I know I am and am possibly having seizures but I'm sure they are going to say they are not from the accident, so upsetting the whole thing.

Thanks so much again and I'm going to print out what you said Take care.

Realistically, all you can hope for in a depo, is that you don't hurt your own case. This is really the enemy's baby.

I don't know about where you live, but here, at depo, the other side can ask you ANYTHING. Unlike at trial, your lawyer can't object to questions that are inappropriate, irrelevant, insulting, etc...

It's the other side's fishing trip - and you're the sucker they're trying to land. Don't take the bait: keep your answers short. You know what they're trying to do, so try not to let them get to you.

Be prepared to be asked VERY personal questions. Even if you aren't asking for any compensation for damages to your marital relations, chances are that they will go there - just to try and make you uncomfortable.

If you say the injury makes you yell at your kids, to try and get you to retract, they'll intimate that maybe you should be reported to Children's Services. Don't worry, they'd never do that. They don't give a rat's butt about your children's welfare and filing a report would only strengthen YOUR case. It's just part of the intimidation.

Of course, that will come AFTER they play friendly. Beware, they will usually start with "blue sky" questions. These are questions about the actual accident that are documented in the police report, beyond dispute and meaningless for the purposes of litigation. Stuff like, "Was it sunny?" "Was it morning?" "Were you driving alone?" etc... These questions are designed to lower your guard and get you into a pattern of agreeing. Keep that in mind, while you're answering them.

Your injuries are real. You aren't secretly moving fridges and working on a PhD in quantum physics. Just give short, honest answers, remembering ALL the time, that the person interrogating you is a dishonest, scheming, soulless scum bag (and those are their GOOD qualities), and you'll get through the depo.

Hockey wrote:
Just give short, honest answers, remembering ALL the time, that the person interrogating you is a dishonest, scheming, soulless scum bag (and those are their GOOD qualities), and you'll get through the depo.
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Priceless.

And true.

Yep, in another place and time, they'd be the people loading women and children onto trains for "resettlement" in the East. Insurance company lawyers and doctors have zero morality. Disgusting, disgusting excuses for human beings. There's a special place in hell...