Upcoming deposition

[NJInjury]

What is the name of your state? NJ

I was in an accident where I suffered serious injuries in Nov 06. I now have a scheduled deposition with the defendant's attorney (appointed by the insurance co.).

If it matters...the judge has issued a partial summary judgement against the defendant...assigning 100% liability to the defendant.

Is the deposition a procedural thing...or will they bully me for hours. I'm not sure what to expect since I've never done a deposition. If someone can provide some insight into what type of questions I should expect at the deposition (are they about the accident only, or can they ask about anything they want), I would be most appreciative. Thank you.

 

[tranquility]

If you already won the case with the summary judgment for liablity, they are going to ask you detailed questions about your injury. Especially if you claimed some stress or limitation injury, they will try to find out how you were and how you are and how you will be. They will ask what will seem the same questions in many different ways in order to trip you up. If you claimed a loss of consortium they will ask numbers, times, etc.

Talk with your attorney who will tell you what to expect and how he will protect you if things get too rough. But, things will get rough. You will feel as though they are calling you a liar (although probably won't say exactly that) and a cheat and a malingerer. It is not going to be a pleasant day, but you have to prove up your case if you want people to give you a bunch of money.

 

[NJInjury]

Tranquility - Thank you. The injuries were extensive - fractured vertebrae (neck and lumbar region, shattered pelvis, fractured wrist and foot. I've had numerous surgeries and plates/pins installed...still in therapy.

I think the extensive documented injuries should keep them at bay (hopefully) as far as calling me a liar. Unless someone has been there, they can't fathom the pain and suffering I've had.

Do you think they are doing a deposition as a formality (required by the insurance), knowing there isn't much to dispute regarding the injuries? Or will they still do their best to mitigate the injuries?

Thanks again.

 

[tranquility]

I think the extensive documented injuries should keep them at bay (hopefully) as far as calling me a liar. Unless someone has been there, they can't fathom the pain and suffering I've had.

No, it won't. They will believe the doctor bills, but they will try to determine what life issues you have been prevented from because of your pain and limitations. Their role will be to fathom your pain and suffering. It is not going to be some proforma insurance requirement, but will be an attempt to limit the pain and suffering award. Injuries are not compensible. The cost to treat the injuries and how the injuries limit your life are.

With injuries so severe, your deposition will be very detailed. How many times in the first month were you unable to pick up your child type of thing. They will try to nail down your story as precisely as possible so they can try to use other interviews or facts to cast doubt on your story. Pain and suffering is so subjective and in this case the risk to them is so great, they will really, really grill you in excrutiating detail.

 

[Kazoomichigan]

Michigan

Other poster is right about their questioning tactics. I just went through a deposition and they tried tricking me into saying things that weren't true. After believing that I answered the questions the way they happened, I have since read the deposition and found that they got me to say things that were not true. I have a brain injury so they know I can be tricked easily. Just remember to take your time and think about the question before you answer it.

As far as questions that were asked: did I graduate from high school? (no, I did not. When I tried to tell that I have a college degree though--they didn't want to hear that.)

What is my work history? Gaps are big issues for them.

(What the hell does this have to do with some moron slamming into my car at a high rate of speed while talking on a cell phone?)

Did I suffer from depression before accident? (yes, I did.) Even though I have MRI's that back up brain injury and spinal injuries, they are trying to lay blame on my injuries to pre-existing problems. I had minor arthritis(in neck) before accident and they are saying that is my pain.

They also go through all your previous medical records from years before trying to pin injuries on something they find in them.

Did you cancel any Dr appointments? They will get you for not following up on your end to get better.

THEY WILL DO ANYTHING NOT TO HAVE TO PAY FOR YOUR INJURIES.

By the time they are done with you, you will have been injured far worse than from your accident.

DENY, DELAY, DEFEND!!! THAT IS THEIR MOTTO.

 

[NJInjury]

Just an update...I had my deposition....nothing to hide and they didn't try to trick me (at least my attorney and I don't think so)...however, I haven't read the transcript yet. Which, I'm told that responses can be amended or added to. Next, there is an arbitration scheduled at the courthouse for some time in April.

My deposition lasted about 1.5-2 hours. I have no prior injuries, was in excellent physical health, never cancelled Dr's appointments (why would you if you are injured and truly trying to get better?), and I'm still in therapy for some of the injuries.

I completely agree with the delay tactic. As I see it the defense counsel is paid by the insurance and they get paid hourly...so they want to drag it on as long as they can. Plaintiff cousel on the other hand is paid percentage of settlement, so the faster the case settles the better for them.

Sorry they were so rough on you. Good luck.

 

[Incognito]

My daughters deposition lasted 7 hours, Is this normal???

sorry posted in wrong thread.