what types of questions are asked in a deposition colorado personal injury attorney d. j. banovitz

by Gudrun Muller 10 min read

Ten questions you can expect to be asked in your deposition are:

  1. What injuries or illnesses have you suffered throughout your life?
  2. Have you been in injury lawsuits in the past?
  3. Are there witnesses to the accident?
  4. Have you filed an insurance claim?
  5. What are your injuries?
  6. How has the injuries suffered affected various aspects of your life?
  7. What have your treatments been?
  8. When did you have your last treatment?

Full Answer

What should I do if I Have Questions about a deposition?

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 .)

What should I expect at 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.

What kind of questions do they ask in a personal injury case?

(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?

Is a deposition stressful?

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.

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What to review in a personal injury deposition?

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 .)

What to expect at a 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.

How to describe an accident?

(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.)

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 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 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.

Do I Need a Lawyer for Personal Injury Depositions?

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.

What Types of Questions Are Asked in a Deposition?

For a personal injury case, you will likely be asked background questions and questions that pertain to the event and your injuries.

What is a Deposition?

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.

Is a deposition a conversation?

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.

What is a Deposition?

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.

Can you have an attorney present in a personal injury lawsuit?

Fortunately, the law allows you to have an attorney present , something you should absolutely, positively make sure you do.

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What Is Your Medical background?

What Is Your Job History?

  • Some of the personal injury deposition questions may pertain to your past job history and your current job. They may want more information about the duties you perform on a daily basis, your responsibilities, and if you have missed any time from work recently.
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Do You Have A Criminal Or Civil Suit background?

  • You could be asked about any crimes you have committed or been convicted of. The lawyer may also ask if you have filed a civil lawsuit before.
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When Did The Accident occur?

  • Once the attorney has completed the personal history section of their questions, they will move on to ask specific questions about the accident pertaining to your personal injury case. Of course, one of the personal injury deposition questions they will ask is when did the accident occur.
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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.
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What Happened Before and After The Accident?

  • An important answer they will be looking for is what happened directly before the accident and what happened directly after. The attorney may want to know if you did anything to contribute to the accident, or if you claimed partial fault after it occurred.
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What Injuries Were Caused by The Accident?

  • The injuries you sustained from the accident will definitely be asked about during your deposition. The lawyer will want in-depth information about what types of injuries you sustained, and he or she may also ask how they have affected your life after the accident.
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What Medical Treatment Did You receive?

  • An important subject the other party’s attorney may ask you is about the medical treatment you received after the accident. This is why it is important to receive medical care even if you don’t think you need to right away. These are just some of the personal injury deposition questions an attorney may ask you. You could be asked about anything that could pertain to your case, but yo…
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