Ten questions you can expect to be asked in your deposition are:
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If you have any specific concerns, just ask. It's also helpful to review your answers to interrogatories, any accident report, any recorded statements you’ve given, your medical bills and records, and any legal paperwork you've already filed with the court. (Get more tips on preparing for a personal injury deposition .)
A personal injury deposition can cover a lot of ground, information-wise. Check out these commonly asked deposition questions to get an idea of what to expect. You file a personal injury lawsuit over your car accident or your slip and fall, and a few weeks later you get a call from your lawyer: "Your deposition has been scheduled," she tells you.
(Especially if you’re claiming lost wages as part of your personal injury damages, you can expect to be asked for a lot of details regarding your employment and income history.) What kinds of legal claims or lawsuits have you been involved in in the past?
A deposition can certainly be stressful, but often the anticipation is more unpleasant than the actual experience. Preparation can make your personal injury deposition experience a lot less intimidating.
It's also helpful to review your answers to interrogatories, any accident report, any recorded statements you’ve given, your medical bills and records, and any legal paperwork you've already filed with the court. (Get more tips on preparing for a personal injury deposition .)
The best way to understand what to expect at your deposition is to talk with your attorney about the process. Your attorney has a vested interest in making sure you handle the other side's questions the right way, and she will make sure you’re as prepared as possible. If you have any specific concerns, just ask.
(For example, for a deposition in a car accident case, the lawyer who is deposing you will try to walk you through every aspect of the accident: where you were going, where you were coming from, where you stopped in between, what route you took, when you left, what you'd been doing prior to leaving, who was with you, how the accident happened, whether you were wearing a seat belt, what direction you were traveling, whether your turn signal was on, whether your headlights were on, what condition your car was in prior to the collision, what discussion you had with the other drivers and the police after the car accident, etc.)
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.
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.
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.
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.
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.
If you are a plaintiff and are subpoenaed for a deposition, it is to your advantage to hire a personal injury lawyer. Your lawyer can help you prepare for the deposition, and can be there during the questioning to assist you.
For a personal injury case, you will likely be asked background questions and questions that pertain to the event and your injuries.
Simply put, a deposition is a session of questions and answers with the opposing side’s attorney. You will be asked questions by that attorney, but you will have your attorney present there as well. There will also be a court reporter present who will take down everything that is said so that it is on the record. Sometimes depositions are videotaped, but that isn’t always the case.
Your deposition is a question and answer meeting, not a conversation. It should not feel like a conversation with an old friend. Think through your answers before you speak and make sure that you give the most accurate answer. It’s perfectly fine to pause for a minute before you answer.
A deposition is a question and answer session with the other side’s attorney. The other attorney will ask you questions. You will give answers. Your attorney will be there with you during the deposition. A court reporter will also be there, taking down everything that is said. The court reporter is also called a stenographer. Sometimes (but not usually) depositions are videotaped.
Fortunately, the law allows you to have an attorney present , something you should absolutely, positively make sure you do.