Do you have a deposition coming up and are wondering what to expect?
A deposition is the part of your legal case when the defense attorney gets to ask you questions about your case. They typically last about 30 to 60 minutes.
There will be three other people with you at the deposition. First, the attorney that represents you will be there, alongside you. Second, the defense attorney, who represents the other side, will be there questioning you. Third, a court reporter who will transcribe everything being said during the meeting will be there.
The questions that are asked by the defense attorney are usually based around the following subjects: facts of the accident, your injuries, your treatment, any prior injuries you had, enjoyment of life, wage loss, and your current condition.
The defense attorney will usually start by asking you about your background.
They will likely ask you questions about where you live, who you live with, what your relationships are like, where you went to school, what your highest level of education is, etc.
Facts of Accident
After learning about your background, the defense attorney will move on to the facts of the accident.
The types of questions they may ask include;
Where were you driving to or from?
What street did the accident occur on?
Was anyone else in the car with you?
What were you doing at the time of the accident? Were you listening to the radio?
What was the weather like at the time of the accident?
What were the road conditions like?
Were you familiar with the speed limit on the road where the accident occurred?
How did the accident happen?
What happened after the accident?
Did the police come? Did you talk to the police or anyone else at the scene of the accident?
It is important to remember as many details surrounding the accident as possible.
After hearing about the accident, the defense attorney will move on to asking about your injuries. They typically start from the head and go down to the toe.
They’ll ask about specific injured parts of the body, asking you to describe the pain and how often you feel the pain. They will probably ask you to rate your pain on a scale from 1-10 and will ask what type of pain you feel (sharp, dull, etc.)
You will likely be asked if any of your body parts hit anywhere inside the vehicle such as your chest hitting the steering wheel or your knees hitting the dash.
Once your injuries have been discussed, the conversation will move towards the medical treatment you received.
You will be asked if you got checked out by a doctor and what kind of treatment you received for your injuries. This is where you will detail if you were treated by a chiropractor, physical therapist, massage therapist, or other specialist. They will ask in depth questions on your treatment, such as;
Did you get adjustments and if so, in what area?
Were hot or cold packs used?
Did you do any home treatment, such as exercising or stretching?
How long did you treat for and was it helpful?
Are you still getting treated today?
After discussing the injuries and treatment received from the current accident, you will be asked about any prior injuries.
The defense attorney will ask if you were ever in a car accident before this one. They’ll ask if and where you received treatment for that accident.
If you had received prior treatment, they will want to order medical records from where you had treated to see if you had any preexisting injuries.
Enjoyment of Life
The next subject that will be discussed is your enjoyment of life. This is when you can tell the attorney what activities you enjoyed doing before the accident that you cannot do now due to your injuries.
This may include playing spots, attending a dance class, playing in the park with your kids, etc.
The defense attorney will want specific details around any activities that you claimed to do before the accident.
If you claimed to have gone to dance class three days a week prior to the accident and you cannot dance now, they will want to know which dance studio you attended, and the names and contact details of the people you danced with.
Wage loss refers to if you lost any income due to the accident.
If you are claiming lost wages, they will want to know how much money you make, how many days you missed, and whether or not you received a doctor’s note to miss those days.
The final section of the deposition is discussing your current condition.
The defense attorney will ask if you still feel pain from the accident.
They will want to know what areas are still in pain and how often you feel the pain.
They’ll want to know if you are doing anything to treat the pain.
If you are not seeing a doctor, they will want to know why you are not seeing a doctor.
If you have any other questions in regards to your upcoming deposition, please contact your attorney.