CJ Henry Law Firm - Your Disability Law Partner

Deposition is one of the last stages of the discovery process before your Marietta personal injury case goes to trial. During deposition, you will be required to testify under oath. This will help the defense attorney in your case determine how you will come across in your testimony at trial; if you perform well, a higher settlement offer could be made. Also, anything you say at your deposition can be used to impeach you at trial if you later testify to something inconsistent with your deposition testimony.

Many depositions are videotaped, and there are certain considerations that must be made for a videotaped deposition versus one that is not videotaped. In this article, Marietta personal injury attorney Michael Braun will explain some of these considerations.

Look at the Camera
The camera in a deposition will typically show only your head and shoulders. It will rarely show other people in the room, including the attorney who is questioning you. This can get boring for anyone watching the video, but this is especially so if you are looking off-screen the whole time. If you look directly into the camera, you will develop more of an intimacy with the person watching the video, and you will seem more trustworthy as a result.

This does not mean that you should not look at the attorney when listening to the question you are asked. It is important to pay careful attention so you answer exactly the question that is being answered—nothing more, nothing less. However, when it comes time to answer, be sure you are looking at the camera.

Sit Correctly
Because the videotape of your deposition will mostly be a “talking head” video, it can be kind of boring, and viewers may be easily distracted by things you do during your deposition testimony. If you are squirming in your chair or rocking in it, you will be distracting from the actual testimony you are giving. Think of how a television newscaster sits. They do not slouch or do distracting things with their hands. This is what you should strive to be like during your deposition.

For a free evaluation of your case, please contact the Georgia personal injury attorneys at Braun and Ree, LLP.

In an ERISA action for wrongful denial of long term disability benefits, United States Magistrate Monte C. Richardson, granted our client’s Motion to compel certain documents and response to interrogatories. Specifically, Judge Richardson ruled that the requested claims evaluation guidelines and training material is directly relevant to whether proper procedures were followed in compiling the record in the instant case, as well as necessary to determining the accuracy of the instant claim. Additionally, the court found that information relating to compensation, bonuses, and awards may be relevant to the existence and extent of a conflict of interest. Finally the court ordered Prudential to produce the servicing agreement between Prudential and MLS Medical Evaluation Services, Inc. in effect at the time of the review of Plaintiff’s claim reasoning that this information is relevant to existence and extent of a conflict of interest or bias. This is great news for Plaintiff with ERISA long term disability claim who are often not allowed any discovery into the insurance comapny’s decions making. The full decision can be found at Sarah B. Grams v. American Medical Instruments Holdings and The Prudential Insurance Company of America, 2009 WL 2926844 (M.D.Fla.)

On Friday, May 1, 2009, the Florida Legislature passed HB 903 which essentially prevents Florida’s injured workers from being able to find an attorney willing to represent them in court to fight the insurance companies that wrongfully deny the benefits needed to recover from injuries.

However, there is still hope! The bill is in the process of being sent to Governor Crist. It isn’t too late for you to get involved and ask the governor to veto this harmful and unjust bill.

We need you to contact Governor Charlie Crist TODAY!!

To reach him by phone, you may contact the Citizen Services Hotline at (850) 488-4441, or you may email the governor at Charlie.Crist@MyFlorida.com

Tell Governor Crist to support Florida’s injured workers instead of letting wealthy insurance companies get away with wrongfully denying benefits!
** Please, be respectful, but firm – the governor and his staff are getting calls
daily on both sides of this issue. **