Deposition Questions and What Takes Place in a Deposition

A deposition is defined as any time a person is interviewed and answers questions while that person is under oath, sworn in by a lawyer. Depositions are usually conducted outside of a court room and often take place in a personal injury law firm office or at a court reporting office. Depositions are sometimes referred to as EBT or Examination Before Trial. A deposition help both sides prepare for their case. Any testimony given during the deposition can be used later in the trial. After a lawsuit has been filed, attorneys from both sides will agree to exchange documents and information relevant to the suit. This is known as the discovery phase and this is when depositions normally take place. The personal injury law firm that you choose to represent you will be present with you during the deposition and will take time to prepare you for possible questions that you may be asked.

Both sides of the lawsuit (defendant and plaintiff) can request depositions. Should the defendant be a company rather than a single person, the plaintiff and their personal injury law firm can choose to interview any employee of the company that may have knowledge and information relevant to the lawsuit. The defendant also has the right to choose a physician of their choosing to give the plaintiff a medical examination. This is usually done at the physician’s office and the plaintiff’s attorney may or may not go with the plaintiff depending on the circumstances and injuries.

Some common questions that may be asked during a deposition may include but are not limited to:

·         At what point did you realize that an accident was going to occur?

·         How exactly did your accident happen?

o   In Slip and fall accidents:

§  Did you trip or did something cause you to fall?

§  Was there a liquid or substance that caused the fall?

§  Explain how you fell and what position our body was in when you landed

o   Auto Accidents:

§  Were there any loud noises before the accident?

§  Explain the motions that your body went through during the accident

§  Did any body parts collide with anything inside of the vehicle? Ex. Head hitting

the steering wheel.

§  When did the initial pain begin?

§  What injuries did you sustain? When were the injuries noticeable?

§  Did anyone take pictures of the scene of the accident? Have you seen these pictures?

§  Are there any pictures of your injuries?

§  When did you receive medical treatment for your injuries? How did you get to the Dr.’s office or hospital?

§  What medical examinations and treatment did you receive?

§  How many times have you seen a physician for your injuries? When was the last time you saw them?

§  Are you taking any medication?

§  How are you feeling now?

It is common for the defense attorney to ask leading questions and try to get the plaintiff to slip and answer the questions in a way that could benefit the defense. Having an experienced personal injury law firm on your side during the entire process can be very comforting for victims. Most personal injury attorneys work on a no-win no-fee system so there is little to lose. Call for a free case evaluation.