So, your personal injury claim may be heading to trial. Settlement negotiations may have proven ineffective at getting you the monetary compensation you deserve for your injuries and a lawsuit has been filed. What happens next? Well, among other things, the discovery process will proceed. The discovery process is a fact-finding mission for both parties to the case. Each side will use the discovery process to try and gather as much information about the case as possible prior to trial. During the discovery process, depositions will occur.
As the accident injury victim, you will be deposed and your deposition will likely yield critical information. You will be questioned by the attorney for the other party to the lawsuit. Your attorney will also be there. Your deposition can be particularly important as it will likely be your first opportunity to share your side of the story. Opposing counsel will be gauging your deposition to see how you would testify should your trial proceed. While the prospect of being deposed by opposing counsel can be nerve-wracking, preparation can be the best cure for this. Preparation in and of itself can bring you a great deal of peace of mind prior to walking into the deposition room.
What Can I Expect in a Deposition?
Your deposition will be given under oath and will likely take place in an attorney's office, not a courtroom. Generally speaking, statements made in your deposition can be used at trial. You can expect your deposition to start off with some general questions relating to your background. You will be asked to state your name and contact information as well as the names of your immediate family members. There is also likely to be a question about your current occupation and your past occupations.
Sometimes the attorney for the adverse party will do anything in their power to “block” your attorney from asking the defendant questions. This may especially be the case where the parties truthful responses can help your case and damage theirs and when the adverse parties responses may suggest criminal behavior.
As it is a personal injury claim, your physical condition, both past and present, will likely be focal points of the deposition. Opposing counsel will want to know about what your health was like prior to your accident injuries. Be as specific as possible about your health status prior to the accident. This will be a reference point for your health status after the accident and paint a clearer picture of how the accident impacted you.
Describing your injuries from the accident and your health status after the accident will also play a central role in the deposition. The nature of your injuries as well as the type of medical treatment and follow-up care you received will likely be explored in great deal. The attorney will want to know about things like whether or not you had surgery, if you were admitted to the hospital, and where your treatment took place.
There will also be questions as to the accident itself. You will be asked for your version of how the accident played out. Details about the time and weather conditions when the accident occurred will be fleshed out. The attorney will want to know things like what your mental state was like at the time of the accident and what you were doing at the time of the accident. Were you talking to anyone at the time of the accident? What was your initial reaction to the accident? Did you talk to anyone right after the accident?
New York City Personal Injury Attorney
Attorney Michael J. Redenburg, Esq. P.C. will be here for you every step of the way. From the initial filing of your claim all the way through, you can count on him for trusted legal counsel and support during what can be a very difficult time in a person's life. Contact our office today.