Personal Injury Deposition Questions: What to Expect
It’s ideal to prepare for personal injury deposition questions, especially if this is a first for you.
Learn further on now.
Personal Injury Deposition Questions
If you have filed a personal injury claim, then there is a good chance you may find yourself facing a deposition at some point along the way. This is a meeting with the attorney on the other side in which they ask you questions.
The questions asked will often be about the details, circumstances, and facts about the case from your perspective in an attempt to gather information. It is important to note that, when answering, you will do so under oath and should answer them honestly and to the best of your ability.
You won’t be alone in the deposition as your personal injury attorney, if you have one, will be present. In addition, a court reporter will also be present to record the questions and answers. This may or may not include video recording.
While the questions will often be specific to the case and may vary based on the claim, here are a few personal injury deposition questions you can expect.
Where Are You Employed? What Are Your Job Duties?
It is common to be asked questions about employment during your deposition. This may include questions about your work history, your education, skills, and so forth. It will likely also touch on your current employment – including the tasks you perform on a daily basis, what your responsibilities are, any work that you may have missed, and any manner in which your duties have changed since the accident.
Have You Ever Been Involved in Another Civil or Criminal Suit?
You may be asked whether or not you have any other pending civil lawsuits or have had any in the past. And you may also be asked about whether you currently have or have had a criminal lawsuit – or any criminal charges filed against you.
This can be used in different ways, but often allows the attorney to establish character.
What is Your Medical History?
In an attempt to determine your level of health prior to the accident, the attorney may ask you about your medical history. This will often help them to determine whether or not the injuries you claim have happened as a result of the accident were really from the accident.
Often, the other side may try to put a spin on your claim and state that the injuries were already present before the accident.
When and How Did the Accident Happen?
Asking specific questions about the accident will help them to gain your perspective as to what happened. Remember, their client has already shared his or her side of what happened so determining how it all occurred from your point of view will help them build their case. They are also trying to determine whether you carry any guilt or feel at fault in some way for the accident.
Keep in mind that they will likely be curious about how you:
- Think the accident happened.
- Believe the weather or surrounding conditions to be at the time of the accident.
- Reacted to the accident, both during and after.
Don’t be surprised if they ask you about things you may have done or said after the accident occurred and what your mental state was like before, during, and after. In fact, you should walk into the deposition ready and prepared to expect many specifics concerning these details.
Did Anyone Witness the Accident?
If there were any witnesses to the accident, the other side is going to want to know. You may have their contact information and have already talked to these individuals who may be fully in support of your side of the story. However, the defense is going to want to know what they may be up against and will want to know just who may have been a witness to the accident.
Remember, you are under oath to share this information.
Were You Hurt During the Accident?
If you were injured during your accident, then expect this to be a topic of conversation at your deposition. The other side will want to obtain some very detailed information about the specific injuries sustained, including:
- When and where the injuries were medically examined.
- What the prognosis is.
- How the injuries have impacted your life since the accident, such as performing your daily life activities, work duties, and overall enjoyment of life.
- What the prognosis is.
- What your treatment has been and is currently.
Expect to give contact information for your doctors and treatment facilities.
Preparing For Your Deposition
When you get served with a subpoena for deposition, your personal injury attorney will work to prepare you as much as possible for what is to come. Taking a look at the details of the case and trying to determine what the other side is looking for in the deposition is always important.
It is a good idea for your attorney to work with you by going over:
- Previous statements you have made so that you don’t contradict yourself.
- Not volunteering extra information – only answering what is specifically asked.
- Many preferred answers in these personal injury depositions include, yes, no, I don’t know, I do not recall, or I do not understand the question you are asking.
- Taking your time. Listen to what is being asked and take your time responding. You will be penalized in any way for thinking about your answer before delivering your answer.
It is impossible to fully know what is going to be asked and how, but taking the time to prepare in advance can help you feel more confident going into the meeting.
Seek Legal Representation
If you don’t have a personal injury attorney, then it is time to seek one out. Going up against a team of lawyers subpoenaing you for a deposition can be scary – and can be risky to do alone. You need to be prepared – and the only true way to do that is under the guidance of a legal expert.
Find an attorney that has experience in your type of injury so that you can feel good about your case and get the compensation you deserve.
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Let us help you find one today!