October 5, 2009
what do they ask you during an examination for discovery in a personal; injury case?
blenlo asked:
I am a brain injury victim from a car accident,and will be examined by the defense lawyer.What will I be asked?
I am a brain injury victim from a car accident,and will be examined by the defense lawyer.What will I be asked?
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Comments on what do they ask you during an examination for discovery in a personal; injury case? »
This is not legal advice. If you require legal advice or representation, consult an attorney licensed in your jurisdiction.
It sounds like you are describing what is known as a deposition. A deposition is an out-of-court opportunity to depose/examine/ask questions of a party or witness in a case. The rules in a deposition are nothing like Law & Order. It’s very informal and the attorneys will object to things like the “form of the question” and whether the question has been “asked and answered”, but there is no judge present to rule. The attorneys are merely recording their objections for the record, and you will still answer the questions.
Depositions are taken under oath, and you can be asked about nearly anything. There is no reason to be nervous, and your attorney will be present to protect your rights should the defense attorney become overzealous. Most of the questions will be very routine, about your identity, education, marital status, and background. Then they’ll ask you about the accident most likely, and finally they’ll ask about your medical treatment and your quality of life since the accident.
Don’t worry and don’t panic. You just have to answer simple direct questions truthfully. Afterwards, it’ll be funny that you were worried about it at all.
Of course, if your attorney tells you anything, listen to him. If anything he says conflicts with anything I say, listen to him.