Personal Injury Depositions – Questions to Prepare

If you have been injured through no fault of your own and have decided to file a personal injury claim, understand that taking your deposition will be part of the process.

What is a deposition?

In fairness, the other side gets to ask you questions about how the accident happened and what role you played.

In a personal injury claim, which is a civil procedure, we attempt to hold the at-fault party responsible for the harm you have suffered and the losses you have sustained, whether personal, medical, or property.

However, under the Alabama doctrine of contributory negligence, you cannot collect from the other side if you are even one percent responsible for the accident that injured you. Understandably, the insurer for the at-fault party will be keen to look for any way they can point the finger of fault at you.

Your Alabama personal injury attorney will prepare you for a deposition, so nothing you say can be used against you.

Deposition

A deposition is part of the information-gathering process and both sides conduct depositions as part of fact-finding to build a case. You may be nervous and overwhelmed at being on the hot seat, but the more you understand the process, the more prepared you will be.  

A lawyer for the other side will ask the questions. You will be placed under oath, similar to a trial. Your lawyer will be present along with a court reporter to record the deposition.

Depending on how much the other side wants to raise your legal bill, a deposition can take an hour or multiple days. If you don’t have an answer, it’s okay to say so, then sit quietly. Do not just fill in the silence with words because you may blurt out something that is not helpful.

Your lawyer will prepare you by asking similar questions that the other side might.
Questions could include:

• Your background including, health, medical, education, contact information, employment status, any other lawsuits, any criminal charges
• What happened – What do you remember just before the accident, when did it occur, how fast were you driving, and how did you know how fast you were traveling?
• What were the conditions – At the time of the accident was it raining, or a lot of traffic? Were there any witnesses, any distractions? Do not guess. Only relay what you know.

Compensatory Damages

Our goal is to find you the compensation you will need to move forward with your life.
The responsible party caused your “damages” that may include:

• Economic Damages – This involves medical expenses which are reasonable and necessary, such as a hospital stay, emergency room visit, an ambulance, physical therapy, surgery cost, prescriptions, counseling, and even the cost of going to and from medical appointments.
• Lost Income – If you were injured in an accident and cannot return to work for weeks because you were hospitalized, you are entitled to the wages you would have earned during that time. If you are disabled permanently, your future lost earnings may be calculated and added to the compensation.
• Property Damage– If your car was totaled or needs to be replaced or repaired, that will be part of the compensation we seek.
• Non-Economic Damages – Any accident, especially when you are injured, will create stress. Pain and suffering may entitle you to compensation for your experience. In Alabama, mental suffering may be considered part of your damages, along with physical injury. Loss of consortium or the loss of the companionship of a spouse is regarded as non-economic damage.
• Punitive damages – This compensation is intended to punish the at-fault defendant for the reckless behavior that led to your injuries and to deter that conduct in the future. Punitive damages may not exceed three times compensatory damages or $500,000. Punitive damages may be sought in wrongful death cases or where the defendant acted with malice or wantonness. In Alabama, only punitive damages are recoverable in wrongful death claims.

Your Alabama Personal Injury Attorney

Chip Nix is an Alabama personal injury lawyer who will guide you through the legal process to obtain the most favorable outcome. Let attorney Nix and his four decades of experience represent you, whether before the insurer for the other side or at trial.

With Montgomery attorney Chip Nix, you have competent, caring, and experienced representation by your side. Call our office today at 334-203-6669 to schedule a complimentary consultation on your personal injury questions.  

Sources:

FindLaw
https://www.findlaw.com/state/alabama-law/alabama-negligence-laws.html