In a deposition, you answer only the question you are asked. If you’re asked whether you calculated your lost income and your attorney actually did it, the answer is simply “No.” The deposition question and answer examples below show why the habits of everyday conversation can hurt your case.
When it comes to everyday conversation, most of us don’t act like robots. If we’re talking with someone and we think we know where they’re going with their questions, we’ll often jump ahead of them and tell them what we really think they want to know about, even if they didn’t specifically ask. It happens all the time; it’s how normal conversation works. We fill in the blanks for people, we guess what they’re really trying to get at, and we sometimes show off our knowledge by telling them more than what they asked for.
As Marlo Greer points out in her video on this topic, deposition is different. In a deposition, you only answer the question asked.
Let’s repeat that: In a deposition, you only answer the question asked.
Example: A Question About Lost Income
Here’s Marlo’s example: If you are asked in a deposition, “Did you do a calculation of your lost income?” and you didn’t actually do the calculation but instead gave it to your attorney to do, your answer to the question should be “No.” Your answer should NOT be “I gave it to my attorney so my attorney could do it,” even if that is the answer you would give in a normal non-deposition conversation.
That doesn’t mean that the attorney won’t follow up with another question. Beware! Even then, you answer only what is asked:
| Question asked | Your answer | Don’t say |
|---|---|---|
| “Did you do a calculation of your lost income?” | “No.” | “I gave it to my attorney so my attorney could do it.” |
| “Did anyone do a lost income calculation for you?” | “Yes.” | “My attorney did.” |
| “Who did the income calculation for you?” | “My attorney.” |
Why You Answer Only the Question Asked
There is a very good reason why you have to discipline yourself to answer only the question you were asked. Each time you provide the other side’s attorney with more information than what they asked for, you give them more chances to get information from you that could harm your case. Unlike in a normal, casual conversation, your job at a deposition is not to help things along. At a deposition, you are there only to answer the questions you are asked.
This may seem like game-playing, but it’s not. Your deposition is a chance for the opposing side to collect as much information as possible from you about your side of the case, which, in their perfect world, would include information they can use to defend against your claims. Helping them by giving them answers to questions they haven’t asked is a good way to hurt yourself.
Related Reading
- Silence and Volunteering Information at a Deposition
- Personal Injury Depositions: How to Prepare
- Attorney-Client Privilege at a Deposition
Practicing for Your Deposition
At Greer Law, we know what it takes to bring a successful personal injury claim. We also know how important depositions are in these kinds of cases. It may seem very strange at first to only answer the question that was asked, but it’s a skill that you can learn. You can practice it. You listen to the question. Make sure you understand it. Focus just on the question that was asked. Then answer only that question. We will work with you to help you get used to that. At the same time, we’ll pursue your claim and the compensation you’re entitled to.
To learn more about how Greer Law can help you recover damages if you’ve been injured because of someone else’s negligence or intentional acts, contact us for a free case evaluation. We can be reached at 303-331-6460 or by filling out our online contact form.
