Two Questions To Be Prepared For Before Your Deposition

If you are suing an individual for damages relating to a personal injury, then you may be asked to provide the court with a deposition. A deposition will likely occur during the discovery process when evidence is gathered. There are two separate reasons why you may need to give a deposition. You are likely to be the main witness to the events that caused your evidence, and the deposition will provide a preserved record of your testimony. The deposition will also allow the defendant's attorney to ask you questions. This is likely to be the most difficult part of the deposition, and your lawyer will help to prepare you for difficult questions that may be asked. Keep reading to learn about a few of these questions.

Have You Ever Provided A Deposition?

This question seems as though it is a basic one to help gauge whether or not you are familiar with the deposition process. However, if you answer yes, then you should be prepared for some more questioning about the basis of previous depositions that have been provided. In general, this allows the defense to ask you about past circumstances that led you to sue other individuals. If you have done this before, then the questioning may be used to paint you as someone who is prone to suing others. 

If you have sued someone in the past, then be honest during the deposition about the circumstances and outcome. Lawsuits are filed with the court and they become a part of the public record after they are filed. This is true if the lawsuit is filed with the local small claims, federal, county superior, or appeals court. Also, the paperwork will be available to the public whether the lawsuit was dismissed, retracted, settled, or has come to a complete resolution. You should expect that the defense lawyer has the paperwork associated with the lawsuit, unless the case was sealed. However, it is rare for a basic lawsuit to be sealed by the court.

Discuss with your lawyer how to handle this question in the best way.

How Did You Locate Or Choose Your Doctor?

You will need to provide evidence of an injury to prove that a personal injury occurred. Some of the documentation will likely come from a hospital, emergency room, or a general physician visit. These documents will show that you received immediate medical treatment. However, you probably have seen a specialist as well. It is advisable to indicate that you have a long-term medical condition or have undergone extensive treatments to resolve the injury. Seeing a specialist is a good way to prove the severity of your condition, too.

If your lawyer provided you with contact information for your specialist or doctor, then the defensive may argue that the expert is not an impartial one. In other words, the expert may have a preexisting relationship with your attorney. If the defense can prove that this same expert was used to verify other personal injuries, then the expert's assessment may not carry as much weight in the eyes of a jury. You may want to see a different specialist at least once to corroborate the diagnosis and treatment plan of your own doctor. Paperwork that indicates that the second doctor agrees with the first may be enough to validate the original diagnosis of your physician, regardless of their relationship with your attorney. 


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