Nov 08, 2018 · Oftentimes, my clients are initially apprehensive about the deposition process. And what I tell them is, “Look, do not worry. I’m going to get you prepared for your deposition. We’ll meet the day before and we’ll go over the various topic …
Feb 23, 2022 · When you go to your deposition, take a snack and some water, juice or iced tea. During the deposition, don’t be afraid to take ten minute breaks. Feel free to tell the attorney that you want to take a break and use the bathroom, stretch your legs, get a …
D) Just before we go into the deposition, I go over again with the client the date which would be three years before we filed suit. It is important that the plaintiff recognize the importance of that date. As with any deposition, make sure the client knows not to guess about some date.
Sep 10, 2008 · At the Deposition Your lawyer will likely give you specific advice about testifying at the deposition so I will just go over some basic principles. Keep your voice up and maintain eye contact with the questioner. Wait until the question is fully asked then answer. Keep your responses verbal -"Yes" "No" etc instead of a nod/shake of the head. Ask for a break if you need …
How long does a FELA claim take to settle? There is no exact timeline, but generally, federal court cases move faster than state court cases. Cases can take anywhere from 12-15 months or more before a settlement is reached.
Common Questions at Slip and Fall DepositionsWhat were you wearing on your feet?What were you carrying in your hands?Where were you looking while you were walking?Were you looking down?Do you customarily look down when you walk?If you weren't looking down, why weren't you looking down?More items...•Oct 25, 2017
A deposition in a slip and fall case is the plaintiff's first opportunity to sit in front of the defense attorney and explain just how the accident happened. If the plaintiff does a good job at the deposition, the plaintiff's lawyer will generally be able to get a reasonable settlement.
Typical questions in a slip and fall depositionPersonal background – What are your name, address, and date of birth? Where did you go to school? Where do you work? ... The fall – Where were you when the fall happened? What were you doing at the time? ... Your injury – What did you hurt in the fall? What was your pain level?
Typically, there are several different states where you could file suit. Because cumulative trauma occurs in various locations over the course of a career, you can often have more venue choices than you would with a single traumatic event. For example, under the Virginia venue statute, permissible venue would include any place where the cause of action arose in whole or in part. As long as the worker did some work in a particular Virginia location, I can file suit there as an option. For a Maintenance of Way worker, this may be many different places. This does not necessarily solve the problem of a forum non conveniens argument made by the railroad. However, it does allow me to put some pressure on the railroads by having a venue selected, which I deem favorable initially. The right combination of plaintiff and venue can make all the difference, as shown by some of the big verdicts that were obtained in cumulative trauma cases against CSX in Baltimore, MD in the recent past.
attorneys refer to the category of cases which I call cumulative trauma injury. The general category are problems with the railroad worker’s musculoskeletal system caused by repeated micro-trauma or physical stresses over time from excessive exertion, vibration, or awkward positioning at work. I try to remember always to stick to the term "cumulative trauma injury" because I think it is the most descriptive and has the most force in persuading a potential jury. Below are a list of other terms that are used and the reasons that I prefer to avoid them:
Meet With Your Lawyer#N#Make sure your attorney has set aside sufficient time to meet and prepare with you. Do not just leave it for one hour before the deposition at the courthouse, except in the most basic matters. Insist on meeting at least the day before. I rarely bring a client to a deposition without at least two preparation sessions. This is also your opportunity to tell your lawyer anything you are concerned about or discuss issues that might be good/bad for your case. Don't be shy to ask questions of your lawyer and ask what you can expect at the deposition from your adversary. If there are photos,emails or documents go over each and every one that may come up at the deposition.
After The Deposition#N#You will be provided an opportunity to review the transcript of the depositon a few weeks after it is taken. On a separate sheet of paper, you can make corrections, changes or additions. You shold be aware however that the other side can question you and comment to a jury about the changes you made so you want to do your best to get it right the first time and not count on the opportunity to correct the transcript later. Good Luck!
A deposition is the process in which a witness is asked questions under oath by an attorney. Testifying at a deposition is often a mysterious and nerve racking event for most people. To give a successful deposition it is important to understand a couple of things. First, you need to know what the defense attorney is trying to accomplish ...
Most defense attorneys have two main goals during a deposition. The first goal is to get your complete story. Questions will generally range from how the accident happened, to what your injuries and treatment were, to what types of problems you are having today as a result of your accident.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
Nervousness, however, is normal and usually passes after a few minutes of questions.
I refer to these as the four commandments. 1) Tell the truth. Nothing hurts a case more then a lie. Even a white lie can kill your case. Once you are caught in a lie your credibility is ruined. While the truth sometimes hurts a case, it is never as bad as a lie. Every case has a weakness, so we don’t run from them with a lie, ...
Nervousness, however, is normal and usually passes after a few minutes of questions. Don’t be afraid to be a little nervous. If you remember the defense attorney’s goals, review your case with your attorney and follow the four rules proposed here, your deposition will almost certainly be a success.
No other explanation is necessary. Always remember a deposition is not a trial. If your case goes to trial you will have an opportunity to tell your entire story through much friendlier direct examination by your attorney. 4) My fourth rule is to keep calm. Don’t get agitated by the defense attorney’s questions.
One of the first is to seek medical attention. This is important to both make sure the injuries are dealt with, as well as providing physical evidence that there was an injury and how extensive it was.
A civil action can be filed and the first aspect will be the complaint. It will need to be filed and served to the individuals that it corresponds to. A defendant that is served will need to respond in the allotted time frame, stating if they agree to the charges against them or if they agree with part of them.
Your attorney may ask questions of you during the deposition, but typically your attorney will only ask questions of you in order to clarify a confusing answer. Like opposing counsel, your attorney may schedule and take depositions to help build your case. If there are some issues about your case that you consider worrisome, ...
The following are suggestions to help you prepare to give you deposition: Always tell the truth: Failure to tell the truth in a deposition constitutes perjury, which is a felony. It can also damage your case if the truth comes out at trial.
What Is a Deposition? A deposition is pre-trial oral testimony taken under oath. In a deposition, the opposing attorney (counsel) will ask you various questions, and those questions and your answers will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, ...
Purpose of a Deposition. Depositions are extremely useful to opposing counsel. In a deposition, the opposing counsel will want to find out what you know regarding the issues in your lawsuit so that they can prepare for your testimony in advance of trial. The testimony you give in a deposition may be read at trial, ...
Don't guess: If you do not know the answer to a question, you should say that you do not know. You have a right to confer with your lawyer: At any time during the deposition, you will have the right to speak with your attorney privately regarding the question and your answer. Do not hesitate to exercise this right.
If you are asked to supply documents or information, refer the opposing counsel to your attorney. Do not reach into your pocket for a social security card, driver’s license, or any other document, unless your attorney requests that you do so.
You aren't expected to know all the details: If you do not know all the details, relax. Simply state what you do know and leave out the details. Do not give an answer that requires you to consult records not available at the deposition or requiring you to consult your friends and associates for the answer.
That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.
Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country
The stenographer is there to record all of the questions you are asked and all of the answers you give. Those questions and answers are transcribed and put into a booklet.
An attorney’s most vital role is to prepare his client. This may be your first deposition, but attorneys have seen the process hundreds of times over—and if they are worth their salt, they will: Play devil’s advocate. Your attorney should make sure that there is no public information that could contradict your testimony.
For example, probing questions are designed to get a rise out of a witness, prompting him to give a knee-jerk reaction that can cause his testimony to unravel. Ensure the truth.