Out of all the personal injury cases in the United States, 4 to 5 percent go to trial. This means that 95 to 96 percent are settled pretrial. In 2013, there was an increase of 2 percent in civil case filings in the US district courts, going up by 6,162 cases to a whopping 284,604. Due to this, civil filings per authorized judgeship increased from 411 to 420.
What are Depositions?
In a civil lawsuit, depositions are crucial components of the pretrial discovery procedure. They are made up of a series of questions that are directed to a party under oath. A court reporter typically administers the oath. The court reporter will also create a written transcript of the proceeding. However, in some instances, the deposition may be audio or video recorded instead. In a personal injury case, during the deposition, there are several goals that the defendant’s attorney has in mind, all of which play a significant role in the likelihood, amount and speed of a possible settlement. Learning basic background facts about the case and testing whether the testimony to be given is credible, should the case go to trial, are included among these goals. There are specific questions that defense attorneys use to highlight or create inconsistencies, or to challenge recall or honesty in a witness’s testimony. Here are five questions you may expect to face in a personal injury deposition:
- “What is your level of pain on a scale of 1 to 10?”
Never exaggerate. If you answer with a 9 or 10, a skillful attorney can use it to make you appear dishonest. Unless it is sufficiently substantiated by the facts of the case, do not answer with a 9 or 10.
- “Are you in pain throughout the day, every day?”
“No” is the most likely answer to this question, because you are not in pain while you are sleeping. This is the reason anesthesiologists exist. Otherwise, it would be impossible to perform some medical procedures due to pain.
- “Have your injuries caused you to stop doing some activities?”
It is important that you do not answer questions in absolute terms. Although blanket statements are probably inaccurate, it is also easier to discredit them. Additionally, it is highly likely that as a plaintiff in a personal injury suit, a private investigator is hired by the insurance company to put you under surveillance. If a plaintiff answers this question by saying that they cannot run and a film of the plaintiff jogging a few steps to avoid traffic while crossing the street is produced or them running to first base in a softball game, regardless of how painful it was, it could ruin the claim.
- Questions that ask you about exact measurements of time, distance, or speed.
Again, you need to avoid absolutes. Never guess if you are not sure, and give an estimate if you need to. You can give an answer, saying, “the accident happened at about 4:30,” and still retain your credibility. After all, no one can know if the accident occurred at 4:32 and 30 seconds if they were looking at the road and not their watch. That just is not realistic to expect anyone to know the exact seconds.
- Specific questions about the details of your accident or injury.
The deposition will mostly likely happen months or more after the subject of the questioning. Over that period, memory will fade, but that is perfectly fine. You can trust your attorney to go over the facts with you and help you refresh your memory to prepare. The important details of the case will be established in your mind with your attorney’s help. So, above all else, trust your counsel. If “I don’t know” is the correct answer, then say that. Always make sure that you are honest and forthright and be confident that your attorney has made sure there is a proper foundation for a winning claim. If you have suffered an injury and want to recover compensation, it is important you speak to an experienced personal injury attorney at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000. You can examine the specifics of your situation free of charge since the first meeting with us costs you nothing. RMFW Law know the law! We have won millions of dollars for past clients. You too can be on this sparkling list. Give us a call, you have to at least do that.
