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Shapiro & Appleton

How can the opposing party use my deposition against me?

Keep in mind, every word you say is typed up into a transcript, which is a written record of your statements. This means each and every word can and may be used against you in a civil injury trial. If the case cannot be settled, and we imagine that the case finally gets before a jury, the injured person puts on all of their witnesses and evidence prior to the party being sued. When the time arrives for the defense lawyer to present evidence and witnesses, that defense/insurance lawyer can stand up in front of the jury at one time they choose and read passages or individual questions and answers from your prior court deposition--even if you are not actually on the witness stand testifying!

In other words, that lawyer can simply pick parts of your deposition out and read them to the jury, even if you're not testifying at that time. That's pretty powerful use of the deposition but it's only any good if the insurance lawyer catches you in some unbelievable testimony.

Defense attorneys don't stand up and read parts of your deposition that reinforces how honest you are and how serious your injuries are! They only want to read something that makes fun of you or seeks to paint you as a liar. Here I should note that if the company's representative makes unbelievable statements or bald-faced lies, your injury attorney has the same rights to read parts of that company representative's testimony to a jury during the presentation of all of the evidence supporting your injury case.

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