Preparing Family for Depositions in Arizona Wrongful Death

TL;DR

Preparing for a deposition in an Arizona wrongful death case involves working closely with your attorney to understand the process and your role. Your primary goal is to provide truthful, direct, and concise answers to the opposing counsel’s questions. This preparation includes reviewing the facts of the case, learning the rules for answering (such as listening to the full question before speaking and never guessing), and managing the emotional difficulty of discussing your lost loved one. A successful deposition is not about winning an argument; it is about creating a clear and accurate record that supports your claim.

Key Highlights

Understand Your Role: Your job is to answer questions truthfully, not to tell your entire story or persuade the other side.
Listen Carefully: Wait for the opposing attorney to finish their question completely before you begin to answer.
Pause Before Answering: Take a moment to think about the question and formulate a concise response. This also gives your attorney time to object if necessary.
Answer Only What Is Asked: Do not volunteer extra information. If a question can be answered with “yes,” “no,” or “I don’t know,” use that simple answer.
Truth is Your Only Guide: Never lie, exaggerate, or guess. If you do not know an answer or cannot recall a detail, it is perfectly acceptable to say so.
Stay Calm and Composed: The opposing attorney may ask difficult or emotional questions. Your attorney is there to protect you, and maintaining your composure is critical.

Introduction

In Arizona, a wrongful death claim arises when a person’s death is caused by the wrongful act, neglect, or default of another. These claims, governed by specific state laws like Arizona Revised Statutes (A.R.S.) § 12, 611, allow surviving family members to seek justice and compensation for their profound loss. While a lawsuit can provide a sense of accountability, the legal process itself involves several key stages. One of the most significant and personal stages for family members is the deposition.

A deposition is a formal, out, of, court proceeding where you, as a witness (the “deponent”), give sworn testimony. This event is a critical part of the “discovery” phase, where both sides of a lawsuit gather information. Governed by the Arizona Rules of Civil Procedure, the deposition allows the defendant’s attorney to ask you questions about the deceased, your relationship, the impact of their death, and the damages your family has suffered. The entire session is recorded by a court reporter, creating an official transcript that can be used later in court.

Your deposition testimony is a vital piece of evidence in your family’s wrongful death case. How you present yourself and the information you provide can significantly influence the valuation and outcome of your claim. Proper preparation is not about memorizing a script; it is about understanding the purpose of the deposition, mastering the techniques for answering questions accurately, and being emotionally ready for the experience. By being well, prepared, you can provide clear, powerful testimony that honors your loved one and strengthens your case for fair compensation.

Understanding the Deposition: What It Is and Why It Matters in Your Arizona Case

Before you can effectively prepare, you must first understand what a deposition is and its function within the framework of your wrongful death lawsuit. It is not a casual conversation. It is a formal legal proceeding with specific rules and a clear purpose. Thinking of it this way helps set the right mindset for the day.

What Exactly is a Deposition?

A deposition is a question, and, answer session that takes place under oath. Although it usually happens in a conference room rather than a courtroom, your testimony carries the same legal weight as if you were testifying before a judge and jury. Everything you say is recorded word, for, word by a court reporter, who will later produce a written transcript. In some cases, the deposition may also be videotaped.

The primary purpose of the deposition from the opposing side’s perspective is twofold:

To Gather Information: The defendant’s attorney wants to know what you know. They will ask questions to uncover facts, understand your perspective, and learn the details of your claim for damages.
To Evaluate You as a Witness: The attorney is also assessing your credibility. They are observing how you handle questions, how you present yourself, and how a jury might perceive you if the case goes to trial. They are looking for inconsistencies in your story and trying to lock you into a specific version of events.

Who Will Be in the Room?

The setting can feel formal, so knowing who to expect can help ease some anxiety. Typically, the following people will be present:

You (The Deponent): The family member providing testimony.
Your Attorney: Your lawyer will be by your side throughout the entire process to guide you, protect you, and make objections when necessary.
The Opposing Attorney: The lawyer representing the defendant (the person or entity you are suing). This is the person who will be asking you the questions.
The Court Reporter: A neutral, state, certified professional who records everything said during the deposition and creates the official transcript.
The Defendant (Possibly): In some cases, the person you are suing may also be present in the room.

Why Your Testimony is So Important

In a wrongful death case, your testimony is often the most powerful evidence of the human cost of the defendant’s actions. While experts can testify about economic losses, only you and your family can speak to the personal, emotional, and relational damages you have suffered. Under A.R.S. § 12, 613, recoverable damages include the loss of love, affection, companionship, guidance, and the pain and suffering experienced by the survivors.

Your deposition is the defense’s first and best chance to hear this testimony directly from you. A composed, sincere, and consistent witness can significantly increase the wrongful death settlement value of a case. Conversely, a witness who is unprepared, argumentative, or appears untruthful can seriously damage the claim. This is why thorough preparation with your attorney is not just recommended; it is essential.

The Core Principles of Answering Questions: Your Deposition “Rules of the Road”

The single most important part of your preparation is learning how to answer questions. The rules are simple, but they often go against our natural conversational instincts. In a normal conversation, we volunteer information, we try to be helpful, and we fill in gaps. In a deposition, those instincts can be harmful to your case. Your arizona wrongful death attorney will review these principles with you, but internalizing them beforehand is a major step toward success.

Rule 1: Listen Carefully to the Full Question

Do not anticipate the question or start forming an answer in your head while the attorney is still speaking. Listen to every single word. Often, a lawyer will ask a long, complex question with multiple parts. Make sure you understand exactly what is being asked. If you do not understand the question, do not answer it. It is your right to ask for clarification. You can simply say:

“Could you please rephrase the question?”
“I’m sorry, I don’t understand what you’re asking.”

Rule 2: Pause Before Answering

Once the question is finished, take a deliberate pause. Take a breath. This pause serves two critical functions:

It gives you time to think. You can process the question you just heard and formulate a careful, accurate answer. This prevents you from blurting out a response you haven’t thought through.
It gives your attorney time to object. If the opposing attorney asks an improper question (for example, one that asks for privileged information), your attorney needs a moment to speak up and make an objection. If you answer immediately, you may have already given the information before your lawyer could protect you.

Rule 3: Answer Only the Question Asked

This is the golden rule of depositions. Your job is not to tell a story or explain your reasoning unless you are specifically asked to. If the question can be answered with a simple “yes,” “no,” or “I don’t recall,” that is your complete answer.

Opposing Attorney: “Do you know what time it is?”
Bad Answer: “Yes, it’s 2:15 PM. I’m a little worried because I have to pick up my son from school at 3:00, and traffic can be bad this time of day.”
Good Answer: “Yes.”

The bad answer volunteers three extra pieces of information that the attorney did not ask for. Do not help the opposing lawyer do their job. Let them ask follow, up questions if they want more details.

Rule 4: The Power of “I Don’t Know” and “I Don’t Recall”

Many witnesses feel pressured to have an answer for every question. They feel that saying “I don’t know” makes them look unhelpful or forgetful. This is a mistake. The most honest and often best answer is “I don’t know” or “I don’t recall.”

Use “I don’t know” if the question asks for information you never knew.
Use “I don’t recall” or “I don’t remember” if the question asks for information you may have known at one time but cannot remember at this moment.

These phrases are complete answers. Do not follow them with, “…but I think it might have been…” or “…let me try to figure it out.”

Rule 5: Never Guess or Speculate

Your testimony must be based on your personal knowledge. If you are not 100% sure about an answer, do not guess. Speculation can lead to factual inaccuracies that the opposing attorney can use against you later. If a question asks you to estimate a time, distance, or speed, be very careful. If you are not comfortable providing an estimate, say so. You can say, “I would only be guessing,” which is a perfectly acceptable response. Stick to the facts as you know them.

Key Topics the Opposing Attorney Will Explore

To feel prepared, it helps to know what kinds of questions are coming. While every case is unique, the questions in a wrongful death deposition generally fall into several predictable categories. The defense attorney is trying to build a complete picture of the deceased, your relationship, and the specific damages you are claiming.

The Deceased’s Health and Personal History

The attorney will ask detailed questions about your loved one’s life before the incident. This can feel invasive, but it is legally relevant to establishing their life expectancy and potential future earnings. Be prepared for questions about:

Health: Their general health, any pre, existing medical wrongful death conditions, medications they took, and their lifestyle (e.g., diet, exercise, smoking, or drinking habits).
Employment: Their job, salary, work history, job performance, and future career plans.
Education: Their educational background and any specialized training.
Daily Life: Their hobbies, interests, and how they spent their time.

The defense may try to suggest that a pre, existing condition would have shortened your loved one’s life anyway, thereby reducing the value of the claim. It is vital to answer these questions honestly and factually.

The Relationship with the Deceased

This is the heart of your non, economic damages claim. The attorney wants to understand the quality and closeness of your relationship. The questions will be deeply personal and can be emotionally taxing. They may ask about:

Shared Activities: What did you do together? (e.g., vacations, hobbies, family dinners).
Communication: How often did you speak or see each other?
Support: How did you support each other emotionally, financially, or with daily tasks? For a surviving spouse, this includes questions about the marital relationship. For a surviving child, it includes questions about the guidance and care the parent provided.
Special Occasions: How did you celebrate holidays, birthdays, and anniversaries?

The goal is to provide a sincere and accurate picture of your bond. While it is important to convey the depth of your loss, avoid overly emotional or dramatic statements. The simple, honest facts of your relationship are often the most powerful testimony.

Damages: The Financial and Emotional Impact

This line of questioning focuses on how your loved one’s death has specifically affected you and your family. This directly relates to the damages defined in A.R.S. § 12, 613. The attorney will inquire about:

Economic Loss: Loss of income, benefits, and financial support your loved one provided.
Loss of Services: The value of the household chores, childcare, home maintenance, and other tasks your loved one performed.
Loss of Consortium (for a spouse): The loss of companionship, love, affection, and comfort.
Grief and Suffering: How the death has impacted your emotional well, being, your daily life, and your future.

Be prepared to talk about how your life has changed. Again, stick to factual descriptions rather than broad emotional statements. For example, instead of saying “My life is ruined,” you might say, “Before his death, my husband handled all of our finances and home repairs. I now have to manage those things on my own, which has been very difficult.”

The Incident Itself (If You Were a Witness)

If you witnessed the event that caused the death, you will be questioned in minute detail about what you saw, heard, and did. The attorney will try to find any inconsistencies between your deposition testimony and any earlier statements you may have given to police or investigators. It is crucial to review these prior statements with your attorney before the deposition.

The Role of Your Wrongful Death Attorney During the Deposition

You are not alone in the deposition room. Your attorney is your advocate and your shield. Understanding their role can provide a great deal of comfort and confidence. Their job is to ensure the deposition is conducted fairly and that your rights are protected.

Preparing You Beforehand

Your attorney’s most important job begins days or weeks before the deposition. A good lawyer will spend several hours with you in a dedicated preparation session. During this meeting, they will:

Review the key facts of the case with you.
Go over the “Rules of the Road” for answering questions.
Conduct a mock deposition, asking you the types of questions you can expect to hear.
Explain what to wear (professional, conservative attire is best) and what to bring (nothing, unless instructed).
Answer any questions you have and help you feel as comfortable as possible with the process.

Making Objections

During the deposition, your attorney will be listening intently to every question asked by the opposing counsel. If the other lawyer asks an improper question, your attorney will make an objection for the record. Common objections include:

Objection, Form: The question is confusing, ambiguous, or compound (asking multiple things at once).
Objection, Calls for Speculation: The question asks you to guess about something you don’t know.
Objection, Argumentative: The lawyer is arguing with you rather than asking a question.
Objection, Privileged: The question asks for information protected by attorney, client privilege or another legal privilege.

When your attorney objects, you should stop talking immediately and wait for their guidance. They will usually instruct you to either answer the question or not to answer it.

Protecting You from Harassment

Depositions are supposed to be professional. If the opposing attorney becomes abusive, insulting, or asks repetitive questions in an attempt to harass you, your attorney will intervene. They can suspend the deposition and, if necessary, seek an order from the court to control the other lawyer’s conduct.

When and Why Your Attorney Might Instruct You Not to Answer

In very rare circumstances, your attorney may instruct you not to answer a question at all. This typically only happens when a question seeks information that is legally privileged, such as conversations you have had with your lawyers. Trust your attorney’s judgment. If they tell you not to answer, do not answer.

Emotional and Mental Preparation: Managing a Difficult Process

A wrongful death deposition is more than a legal hurdle; it is an emotionally draining experience. You will be asked to speak at length about the most painful event of your life. Acknowledging and preparing for this emotional component is just as important as knowing the facts of your case.

Acknowledge Your Grief

It is natural to feel sad, angry, or anxious. Do not try to suppress these feelings entirely. However, the deposition room is not the place for an uncontrolled emotional outburst. The opposing attorney may try to provoke an emotional reaction to make you appear unstable or less credible. Your goal is to remain as calm and composed as possible.

Practice Composure: During your prep session, practice answering difficult questions with your attorney. This can help you become more accustomed to discussing sensitive topics in a formal setting.
It’s Okay to Take a Break: A deposition is a marathon, not a sprint. If you feel yourself becoming emotional, tired, or flustered, you have the right to ask for a break. Simply turn to your attorney and say, “I need to take a break.” They will handle it from there. You can step out of the room, collect yourself, and resume when you are ready.

Get a Good Night’s Sleep

Do not stay up all night cramming or worrying. Your mental clarity is your greatest asset. Ensure you get a full night of rest before the deposition so you can be alert and focused. Eat a healthy breakfast and avoid excessive caffeine, which can increase anxiety.

Focus on the Purpose

Remember why you are there. Your testimony is a way to honor your loved one and seek justice for your family. Keeping this purpose in mind can provide strength and focus during difficult moments. You are speaking for someone who no longer has a voice. Your clear, truthful testimony is a powerful tribute.

Common Pitfalls and How to Avoid Them

Even well, intentioned witnesses can make mistakes that hurt their case. Being aware of these common traps is the best way to avoid falling into them.

Mistake 1: Volunteering Information

As discussed in the “Rules of the Road,” this is the most common and damaging mistake. Witnesses often feel the need to explain their answers or provide context. Resist this urge at all costs. The opposing attorney is not your friend. Any extra information you provide can and will be used to look for inconsistencies or open up new, potentially harmful lines of questioning.

Mistake 2: Getting Angry or Argumentative

The opposing attorney may be aggressive or ask questions that feel unfair or accusatory. This can be a deliberate tactic to get you to lose your temper. Do not take the bait. An angry or argumentative witness appears less credible and less sympathetic. Let your lawyer be your fighter. Your job is to remain calm, polite, and factual. A calm demeanor in the face of provocation is a sign of strength.

Mistake 3: Trying to “Win” the Deposition

A deposition is not a debate. You cannot win your case in the deposition room. The only person who can truly “lose” the deposition is you, by providing testimony that damages your credibility. Do not try to outsmart the lawyer or score points. Your goal is simply to get through the process by providing truthful, limited answers, creating a clean transcript, and going home.

Mistake 4: Forgetting You Are Always on the Record

The court reporter is recording everything you say from the moment the deposition begins until it officially ends. This includes small talk before the session starts or casual remarks during breaks. Do not say anything you would not want to see in the official transcript. Be professional and reserved at all times.

Mistake 5: Discussing the Case in Public Areas

Be mindful of your surroundings. Do not discuss the case with your attorney or family members in hallways, elevators, or restrooms. You never know who might be listening. Save all conversations about the case for a private, secure location.

Conclusion

The deposition is a demanding but manageable part of the legal journey in a wrongful death claim. Your testimony is a powerful tool for demonstrating the true value of your loss and holding the responsible parties accountable. Success in a deposition is not measured by clever answers or emotional speeches, but by clarity, consistency, and truthfulness. By understanding the process, internalizing the rules for answering questions, and working closely with your attorney, you can provide testimony that honors your loved one’s memory and moves your case toward a just resolution.

Remember, preparation is the key to transforming a potentially difficult experience into an opportunity to strengthen your claim. You will be asked to revisit painful memories, but your composure and honesty will speak volumes. Your attorney is your partner in this process, ready to guide and protect you every step of the way. The strength you show in the deposition room is a testament to the love you hold for the person you have lost and a critical step toward securing your family’s future.

If you are facing a deposition in an Arizona wrongful death case and need guidance, do not wait to seek experienced legal counsel. The stakes are too high to proceed without proper preparation and dedicated advocacy. Contact our compassionate legal team today for a confidential consultation to discuss the specifics of your case and learn how we can help you prepare for this important step. Contact us for free consultation today.

Preparing Family Members for a Deposition in Arizona Wrongful Death Cases