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After your San Jose personal injury attorney files your lawsuit, your deposition will be taken. Your lawyer can explain this process, as well as highlight the following mistakes that many plaintiffs make during this process.

Making Exaggerations

Your San Jose personal injury attorney will likely warn you against making exaggerations. Some plaintiffs exaggerate their symptoms while others exaggerate how the other party was liable. Still others exaggerate their damages, such as how much income they lost due to the injury. Evidence may be submitted later to counteract these exaggerations.

Not Remembering

Plaintiffs may not remember facts correctly and may state that the accident occurred on the wrong date or at the wrong time than it really occurred. They may also fail to recollect dates when they received treatment.


Another mistake that can cost plaintiffs is when they provide inconsistent testimony. Their testimony may not be the same as it was during a previous statement. It also may not be consistent with what another witness says. Inconsistency can also pop up when discussing a person’s medical records.

Not Understanding

Some plaintiffs may misunderstand a question that the defense counsel asks. They may then say something that was not rehearsed with their San Jose personal injury attorney that may adversely affect the case.

Stating Time or Distance

Plaintiffs may make a mistake of locking down an exact distance or time involved in the case. Instead, they should clearly state that they are only estimating.

Accepting Responsibility

Some plaintiffs may accept responsibility in a case for some of the damage even though they were at fault. In other cases, the plaintiff may refuse to accept any responsibility when it is clear that he or she was at least partially at fault.

Legal Assistance from Our San Jose Personal Injury Attorney

If you would like more information on depositions, contact a San Jose personal injury attorney from the Costanzo Law Firm, APC by calling (408) 993-8493.


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