what questions does an attorney ask at a personal injury deposition

Deposition questions for parties in a personal injury lawsuit center around how the accident or injury occurred. The attorney may ask specific questions about what the person remembers about the accident. In addition, the lawyer may ask for details about what happened the day before the accident.

Full Answer

What types of questions are asked at a deposition?

Nov 20, 2018 · (Get more tips on preparing for a personal injury deposition .) Let's take a look at the kinds of questions you can expect to be asked. Background Questions What is your current address? What are your previous home addresses over the last 10/15/20 years? What is your current job? Do you have an employer or are you self-employed?

What questions will be asked in a deposition?

Mar 17, 2022 · Of course, one of the personal injury deposition questions they will ask is when did the accident occur. 5. How did the accident occur? The lawyer may also ask you how the accident happened, from your point of view. They will already know their party’s answer to this, so they will want to know what you have to say as well. 6.

How to give a deposition in a personal injury case?

Jan 24, 2019 · Remember, your personal injury lawyer should be at the deposition with you. In part, you should rely on them to object to any misleading or unfair questions. Category #2: The Accident — Causes and Circumstances. When did the accident occur? How did the accident occur? Describe what happened prior to the accident? What happened after the accident?

Do you have to answer every question in a deposition?

Dec 18, 2015 · What are some common deposition questions? Your deposition will begin with the lawyer asking you questions about your background. Some of the deposition questions that you can expect during this more benign stage of the proceedings include: What is your full name? What is your date of birth? What is your address? What is your Social Security number?

What kind of questions do they ask in a deposition?

They are used to gather pretrial information, specifically to discover what a witness may know and to preserve that testimony for later use in court....Basic Background QuestionsWhat is your full name?Have you ever used any other names? ... Do you have any nicknames? ... What is your date of birth? ... What is your age?More items...•Mar 22, 2017

Do you know the questions before a deposition?

Depositions are not a trial. The scope of questions is unlimited, and attorneys have the right to ask broad questions on topics that may seem irrelevant. Many topics covered in Depositions are not admissible at trial. You must answer all questions unless your attorney instructs you not to.

Why do they ask personal questions at a deposition?

Because the witness is under oath they are required to provide truthful answers. The opposing counsel will typically begin by asking some introductory questions. For example, they will start by clarifying that you understand that you are under oath and obligated to tell the truth.Jun 3, 2021

Can personal questions be asked in a deposition?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).Jan 22, 2020

How do you answer a difficult deposition question?

What follows are numerous points or rules to keep in mind throughout the deposition.Tell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...

How should I prepare for a deposition?

Deposition TipsBe prepared. ... Think before answering. ... Never volunteer information. ... Make sure you understand the question. ... You must tell the truth. ... Don't get rattled or upset. ... Don't guess. ... If you do not remember, say so.More items...

What Cannot be asked in a deposition?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.

Do you have to answer irrelevant questions in a deposition?

At a deposition of a witness or defendant called by a plaintiff's attorney, the plaintiff's attorney bears the burden of getting the information out of the deponent. The deponent is only obligated to answer the questions that are asked, and no more.

How do you answer questions in a deposition?

How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. ... Listen to the Question in Detail. ... Dissect Any Compound Questions. ... Stand Up for Yourself During Questioning. ... Take Your Time Answering Deposition Questions. ... Admit to Mistakes or Inconsistencies in Your Answers.Feb 21, 2020

How do you stay calm in a deposition?

Staying Calm, Collected, and on CourseTell the Truth – It helps to think of a deposition as nothing more than a discussion. ... Think First, Speak Second – Always consider the question and think over your answer before you speak. ... Keep It Short and Sweet – Your answers should be short, sweet, and to the point.Jun 7, 2019

Are depositions scary?

The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

How do you survive a deposition?

How to Survive a DepositionMake Sure You Understand the Question. Never answer a question unless you fully understand it. ... Pause and Think Before Answering. ... Never Volunteer Information. ... If You Don't Remember, Say So. ... Do Not Guess. ... Don't Fall for the Silent Treatment. ... Stick to Your Answers. ... Always Read the Fine Print.

What is a deposition in a lawsuit?

One common question new plaintiffs have is simply, “What is a deposition?” The deposition represents the stage in the lawsuit where the defendant’s legal team gets to question the plaintiff.

Is it easy to file a personal injury lawsuit?

But going through a personal injury lawsuit will never be an easy process just because of the personal nature of the case itself.

What is the most important part of discovery?

In personal injury cases, one of the most common (and most important) parts of the discovery process is the deposition. A deposition is a sworn testimony that is given under oath. There are rules and regulations that govern personal injury depositions along with all other aspects of legal discovery. For example, if you were injured in an accident ...

What is discovery in personal injury?

Essentially, discovery is a pre-trial procedure through which litigants can obtain relevant evidence from the other party. In personal injury cases, one of the most common (and most important) parts of the discovery process is the deposition.

Is there anything wrong with thinking about an answer?

There is nothing wrong with thinking about an answer. Do not be intimidated by silence. Thoughtfulness matters. You can go as slow as you need. Remember, your personal injury lawyer should be at the deposition with you. In part, you should rely on them to object to any misleading or unfair questions.

Is it normal to be anxious during a personal injury deposition?

Going through a personal injury deposition can be stressful. Even if you are not hiding anything and you are more than willing to provide all of the information that you have, it is still normal to be worried or to have some form of generalized anxiety.

What is discovery in a case?

Discovery is the general process by which parties to a personal injury claim obtain information from the other side. Deposition questions (in a pretrial oral examination) and interrogatories (pretrial written questions) are two of the most useful tools in discovery, as they give both sides the opportunity to ask questions about the case ...

Why is deposition important in a personal injury case?

The deposition is a very important aspect of a personal injury trial because information collected during this process ultimately will affect the outcome of the case. When considering how to answer deposition questions, it can help to reexamine all of your medical and accident records to refresh your memory. Soon after your accident ...

What to say at a deposition?

At the deposition, say only what is necessary and avoid going into long-winded explanations that open the door for you to make mistakes that can jeopardize your case. For example, if asked a yes or no question, simply respond with yes or no. Make the attorney dig for more — do not offer additional information.

Can an attorney cross-examine you?

One attorney may ask the questions, while another may cross-examine you . It is important that your own attorney is present as well to instruct you on how to answer deposition questions and to object if necessary.

Who is present during a deposition?

During the deposition, you can expect attorneys on both sides to be present, as well as a court reporter, who will keep a record of every word spoken (unless your attorney requests that something be off the record).

What Is a Deposition?

A deposition is a method lawyers use to find out more information that they can use at a trial, it can be taken of anyone who may have relevant information pertaining to the case. With a personal injury case, the person questioned can be the victim of the accident, a witness or the person who is accused of causing the accident.

What Can You Expect From a Deposition?

The first step is for the court reporter to swear you in, meaning you are under oath. Then you will be asked a numerous amount of questions about your past, and your injuries. As long as you tell the truth, there is very little to worry about. You attorney should be present throughout the whole deposition.

What Kinds of Questions Will They Ask?

You will be asked numerous questions about the accident and your background. Your attorney will review with you specific questions they believe will be asked before your deposition.

Important Rules

Below are a few rules that your attorney may tell you that are necessary for you to follow before your deposition.

What is the meaning of the deposition?

A deposition is given under oath. The deponent raises her right hand and solemnly swears to tell the whole truth and nothing but the truth. It is the same oath that is administered in a court of law.

What is a deposition in a court case?

A deposition is a method lawyers use to find out more information that they can use at trial and can be taken of anyone who may have relevant information pertaining to the case. During a deposition, a lawyer asks the person being deposed (known as a “deponent”) questions relating to the case.

What is personal injury law?

Personal injury law is a part of tort law and includes wrongful death or situations where an injury is fatal. Common personal injury cases include the following. Injuries caused by animals (ie. Dog bites); Injuries to reputation from defamation or slander.

What happens after a plaintiff files suit against a defendant and the defendant submits an answer to the court?

After a plaintiff files suit against a defendant and the defendant submits an answer to the court, both parties have the right to conduct discovery. Discovery is a formal investigation to find out more about the case. During this time, both parties typically conduct their depositions.

Can an attorney defend against a deposition?

If you are a party to the litigation, your attorney is also present to defend against the deposition. Your attorney can make objections to the line of questioning. Sometimes, a deposition is videotaped, so a videographer may also be present during the deposition.

What to say when you don't remember something?

Everybody forgets things. If you don’t remember something, say “I don’t remember”. Don’t try to fill in the answer with what you guess is the right answer because once you give an answer in a deposition, you can’t change it. 7. Don’t be afraid to say “I don’t understand” or “I’m not 100% sure what you’re asking”.

How long before a car accident should you have a medical record?

If you are making a claim for low back pain and a herniated lumbar disc from a car accident, you should know whether there are any documented complaints of low back pain in your medical records in the five or ten years before the accident. Your attorney should have most or all of your medical records.

How many breaks should I take during a deposition?

I advise taking at least one break every forty five minutes. 6. Don’t be afraid to say “I don’t remember”.

What information do you need to know about a slip and fall?

Information about your physical condition before the injury occurred . For example, in a slip and fall case where you broke your left arm, the defense lawyer is going to want to know if you are left-handed or right-handed, and he or she will want to know if you had any problems using that arm before the accident.

What happens if you file a personal injury lawsuit?

Once you file a lawsuit in a personal injury case, the other side has a right to find out what information you have about the accident and your injuries so they can be prepared for trial, if the case doesn’t settle.

Is a defense attorney a paragraph?

It should not be a paragraph, a chapter or a book. If your answer is longer than a sentence, you are giving too much information. The defense attorney is being paid by the hour to formulate intelligent questions. Let him do his job and come up with some follow-up questions.

Why is deposition important?

Depositions are an important part of any personal injury lawsuit. A strong, factually consistent deposition can strengthen your personal injury claim and might lead to a settlement. However, a flawed depo can undermine your credibility and devalue your claim.

What does it feel like to be silent when you testify?

When you testify, a few seconds of silence can feel like an eternity. Sometimes, accident victims feel like they have to provide quick answers. However, if you need time to think, take all the time you need. Your personal injury lawyer will want you to deliver thoughtful, accurate answers to every question.

What happens if you become angry at a lawyer?

If you become combative or angry, the defense lawyer will use your bad behavior against you. If you need a break to calm down or compose yourself, ask for one. If you have a personal injury lawyer, he or she will also attend your deposition.

What happens when you exaggerate?

When you exaggerate or are dishonest, the defense lawyer and the insurance company will use these statements against you during settlement negotiations and in court. Other times, you might not want to admit facts that seem embarrassing or damaging (such as a history of substance abuse).

What happens after a car accident?

After a serious accident, you could be in a lot of physical and emotional pain. You may also have limited memories of the incident . While you might feel tempted to overstate your symptoms and the facts surrounding your accident, it’s never a good idea.

Is a deposition the time to tell your full story?

Keep Your Answers Short and Simple  . “A deposition is not the time to tell your full story. Instead, it’s a chance for the defense lawyers to build their case against you.”. A deposition is not the time to tell your full story. Instead, it’s a chance for the defense lawyers to build their case against you.

Can you ask for clarification in a deposition?

Unless you ask for clarification, the lawyers and the judge will assume that you understood the questions you are asked. Unfortunately, it’s easy to get overwhelmed during a deposition. If you need something reworded or explained, don’t hesitate to ask.

What factors go into finding a civil deposition attorney?

There are many factors that go into finding the right civil deposition attorney like education, experience, and any history of misconduct. That's why LegalMatch streamlined the entire process so you can find out everything you need to know to make the right decision for you.

What is a civil deposition?

A civil deposition is part of the discovery process in civil litigation. A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit.

The Deposition: Defined

Preparing For The Deposition

What Kinds of Questions to Expect

• Because the deposition is designed as a vehicle through which the defendant can gather as much information about the events leading up to the lawsuit as possible, the questions will likely be geared heavily towards details of this matter. Questions are very likely to include the following: – Questions about the incident, including date, time, place...

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The Deposition Process