Mississippi & Tennessee personal injury & accident depositions
Anyone who is going to take their Tennessee or Mississippi personal injury or car accident case to trial needs to be prepared to “survive” a deposition by the defendant’s attorney. I write “survive” because a deposition can be brutal. The opposing lawyers goal at a deposition is to gather as much information as he or she can in order to try to refute your testimony at trial. In order to do so he will try to wear you down, make you angry, hurt your feelings and do almost everything else except for call your momma names. (He’ll even do that sometimes if she happens to also be involved in the case.)
So, how are you supposed to survive this terrible monster called a deposition? The first thing to know in order to survive is what kind of questions will be asked. The second thing is to know is that the other attorneys purpose at this deposition is to get you so frustrated that you make a mistake that will hurt your case and help his. If you are aware of these two things and can be calm, relaxed and under control you’ll sail through the deposition with no problems.
David Newdorf, at Newdorf Legal, put the following list of deposition questions up on his blog. And I am including them here on the Memphis injury law blog for you to read and review in case you are involved in a Memphis lawsuit and have to attend a deposition.
Mr. Newdorf practices as a defendant’s attorney for personal injury cases and these questions were posted on Mr. Newdorf’s blog to help defendant’s attorneys in questioning plaintiffs who have an car accident or personal injury claim pending against their client. Now here at the Ferrell Law Firm we are Plaintiff's attorneys who help the injured, but because these questions are a good example of what you might be asked if you have been hurt or injured in a Memphis car wreck or accident I think they are helpful for my personal injury clients to see.
- “When did you first realize there was going to be an accident? Tell me how you knew an accident was about to happen.” This is a good opening question to set the stage.
For trip-and-falls:
- “How did the accident happen? What happened with your foot? Did you trip? Did you slip? Did your foot catch? Did some part of your body twist?”
- “Was there any foreign substance or article on the surface where you fell? Was there anything unusual about the surface where you fell?”
- “How did you land? On what part of your body? Were you face up or face down? Which direction was your head pointed? Which direction were your feet pointed?”
For car accidents:
- “What did you hear right before the accident?” If the police report, photos or accident reconstruction report shows skid marks left by any vehicle that would produce a loud, shrill noise that could be heard for blocks around.
- “Describe how your body moved during the accident.” A detailed verbal description and/or the videotape of the deposition (if used) will be useful to a retained medical doctor, chiropractor, biomechanics expert or accident reconstructionist. Sometimes the plaintiff’s description may contradict the laws of physics (such as when plaintiff says he fell backwards following a sudden bus stop) or be inconsistent with other evidence.
- “What parts of your body made contact with what parts of the interior of the vehicle (or sidewalk or floor)?” You want to compare the purported points of impact with the medical evidence of the location of cuts or bruises.
- “When did you start to hurt?”
- “Did you have any swelling? Where? When did that occur?”
- “Did you have any cuts, bruises or scrapes? Where? When did those become visible?”
- “Did anyone take any photographs at the location of the accident? Who? When? When did you see these photographs?”
- “Did anyone take photographs of your injuries?” Ideally, you should have obtained these photos in response to document demands before the deposition. Sometimes the plaintiff’s lawyer hasn’t done his or her job in gathering responsive documents, so you should always ask the plaintiff.
- “When did you first seek any medical treatment? How did you get there?” I’m always amazed how many accident victims call a lawyer before a doctor. And there was the bus fall-on-board case I defended once where the plaintiff stood up, announced he had changed his mind and “wanted to get paid,” and laid back down on the floor to wait for the paramedics. Meanwhile, he got out his cell phone and started calling law firms.
- “How did you find your doctor?” Often the lawyer has referred the client to a favored treater, who will take a lien on the case instead of payment up front. Many plaintiffs’ attorneys, however, frown on this practice.
- “How long were you at the doctor’s office for treatment?”
- “Describe your treatment.”
- “When did you last see your doctor?”
- “Did your doctor prescribe any medication?”
- “Are you currently taking any medication as a result of this accident?”
- “How are you feeling today?”
Mr. Newdorf followed up these question with the following questions, which he states are his “Top 10 Questions Designed To Uncover Dirt” on a plaintiff. Keep on reading if you want to find out more on how the other sides attorneys will be trying to “trip you up”.
- “Have you ever been arrested?” (And the follow-up: “Have you ever been convicted?”) Opposing counsel may go ballistic on this one, but it is a proper question. Remember, felony convictions and any convictions for fraud, dishonesty or moral turpitude are generally admissible for impeachment.
- “Have you ever been deposed before?” I ask this at the beginning of the deposition, as part of the standard admonition, when it sounds like an innocent inquiry related to the ground rules for the depo. But if the answer is ”yes,” I always follow up later with questions about the prior deposition(s). I also ask the related questions, “Have you ever testified in court?” and “Have you ever been a plaintiff or a defendant in another lawsuit?” Prior testimony and lawsuits can be a treasure trove of accusations and impeachment.
- “Have you ever seen the [plaintiff/defendant/employee] before the events related to this lawsuit?” This question may uncover connections between a supposedly independent witness and the other side.
- “Did you meet with the other side’s counsel before this deposition?” Pin down the number of meetings, where they occurred and how long they lasted. This information can help dismantle the claim of independence.
- “Have you signed any written statements/made any recorded statements/spoken to any reporters about the events related to this lawsuit?” To this list, you might add: “Have you posted any statements about these events on any internet site?” Of course, you will have conducted a search engine and, perhaps, database query on the witness as part of your preparation for the deposition, so you’ll know if he or she is lying.
- “Did you read any witness statements or depositions, listen to any recorded statements, look at any diagrams or photographs, or did somebody else read you any statements before the deposition?” Okay, this is more than one question, but I had to combined them here to meet the 10-question quota imposed by the title of this article.
- “Tell me everything you did to get ready for this deposition.” The answer can lead you to what the witness or opponent perceives as his or her weak spots, including areas of which you were unaware. After all, it is only natural to prepare for the hardest questions or topics. Remember to find out the specific documents reviewed, places visited and persons met with by the witness.
- “Was anyone else present when you met with your lawyer?” If a third-party was present during the meeting, the witness may have waived the attorney-client privilege.
- “How did you find your attorney [doctor/chiropractor/therapist/expert]?” This can lead to interesting prior legal issues, lawsuits or self-interest/improper involvement on the part of opposing counsel.
- “Do you have your driver’s license with you?” If so, ask to see it. Take down the personal information and, if appropriate, read it into the record.
I apologize for such a long post today. But for those of you who have been injured or hurt, whether it be in Memphis or anywhere in the states of Tennessee or Mississippi, you should know what you’re up against when it comes to your personal injury, accident or wrongful death case. It’s important to have as much information as possible in order to help your lawsuit.
