Common Questions in Personal Injury Depositions
The personal injury claims process is a time-consuming one, and some cases can last months or longer. Depositions are one of the lengthiest parts of the process, and it’s a good idea for anyone expecting involvement with a personal injury claim in the near future to prepare for them accordingly. While depositions may seem intimidating at first, a deposition is essentially an on-the-record question-and-answer session. Plaintiffs can reduce their nerves about depositions by preparing ahead of time and knowing what to expect.
Depositions are part of the pretrial discovery process in which an attorney asks various questions of a plaintiff or other deponent under oath. Typically, both sides of a lawsuit will hold depositions for each side, essentially providing an initial cross-examination that attorneys can use in trial later. During a deposition, the deponent and his or her attorney, the examining lawyers, lawyers representing each party in the case, and a court reporter are present. In some cases, a translator may also be present. After the court reporter has sworn the deponent in under oath, the deposition begins.
Common Questions Asked During a Deposition
The deposition will start with basic but specific questions about the deponent’s personal history. The examining attorney will ask the deponent to state his or her full name, any known aliases, current address, and other identifying information. This is simply to provide an on-the-record account of the deponent’s identity. Next, the examining attorney will ask the deponent about his or her work history, financial history, and criminal record. These facts may come into play for various reasons, but it’s vital for the deponent to remember that he or she is under oath and to answer truthfully.
Once the personal information and other basic questions are out of the way, the examining attorney will then ask questions concerning the situation that led to the lawsuit. Both the defendant and the plaintiff will need to answer several questions concerning their activities around the time of the incident in question. For example, an examining attorney deposing a plaintiff may ask what he or she was doing at the time of the accident and immediately before the accident. Then, he or she will likely ask questions concerning other parties who may be aware of the situation.
For example, the examining attorney may ask whom the plaintiff has spoken to about the incident in question and whether anyone else witnessed the incident take place.
Plaintiffs should also expect to answer questions about how the incident has impacted daily life. This could include questions about medical treatment, rehabilitation, psychological effects, work issues, pain experiences, and various other possibilities. All deponents should also expect questions concerning their past legal entanglements, such as whether they have been involved in any lawsuits in the past, past convictions, and past driving record (for cases involving vehicles, such as car accident claims).
Things to Remember About Depositions
Anyone involved in a personal injury claim, including plaintiffs, defendants, eyewitnesses, and expert witnesses, should all expect to participate in depositions during the pretrial discovery process. Depositions may seem intimidating to some people at first, but this process is necessary and straightforward in most cases. Anyone feeling nervous about an impending deposition should speak with his or her attorney about the best ways to prepare.