Typical Deposition Questions In A Car Accident Case

What are the typical deposition questions that you will be asked in your auto accident case? Generally, expect questions in these areas . . .

• A. Personal background.

• B. How the accident happened.

• C. Your injuries and treatment.

Let's look at each of these areas in more detail.

A. Personal Background

Typical deposition questions in this area include . . .

1. Name, address, telephone number, social security number (only give last 4).

2. Your residences for the past 10 years or so.

3. Your educational background.

• a. Schools and degrees.
• b. Education and training you have gotten since you left school.

4. Your family background.

• a. Marital status.
• b. Number of children.
• c. Who lives with you -- now and at the time of your accident.

5. Your health and medical background

• a. Other accidents and injuries before this accident.
• b. Other accidents and injuries after this accident.
• c. Any chronic health problems.
• d. What doctors have you seen during the last 10 years and for what? (Especially for treatment of areas of your body that you claim were injured in this accident.)

6. Your employment background

• a. Your last several jobs.
• b. Your current job. Duties, physical requirements, hours, pay, supervisor, co-workers.
• c. Have you missed time from work during the last 5 years? If so, how much and why?

7. Your criminal background

• a. Have you ever been convicted of a crime?

8. Your claims background

• a. Have you ever filed any lawsuits?
• b. Have you ever made any claims, such as workers compensation claims?

B. How The Accident Happened

Typical deposition questions in this area include . . .

1. Time, date, day of week, place.

2. Where were you coming from and going to?

3. What were the weather conditions?

4. What were the traffic conditions?

5. Where there any traffic control devices, such as traffic lights, stop signs, other signs, lane markings, etc?

6. Exactly what each driver did and when.

• a. Be prepared for specific questions including times and distances. For example . . .

How far was the other car from you when you first saw it?

Where was the other car on the roadway at the time?

How fast were you going?

How fast was the other car going?

Where on the roadway did the cars collide?

What part of your vehicle collided with what part of the other vehicle?

Where did the cars come to rest?

IF YOU DON'T KNOW, DON'T GUESS.

7. Did you speak to the other driver after the accident and, if so, what did each of you say? Did either of you admit responsibility for causing the accident?

8. What happened to your body inside the vehicle when the collision occurred? Did any part of your body hit any part of the car?

9. What physical damage did each car have? Was your car repaired? How much did the repairs cost?

10. Who were the witnesses to the accident? Who came to the accident scene within 2 hours after the accident?

11. Do you have any photos or diagrams that show the accident scene? You may be asked to draw a (non-scale) diagram of the accident scene showing how the accident happened.

12. Did you drink any alcohol during the 24 hours before the accident?

13. Did you fill out any report of the accident?

C. Your Injuries And Treatment

Typical deposition questions in this area include . . .

1. What injuries do you claim that this accident caused?

2. Did you have any conditions before the accident that you contend were aggravated (made worse) by the accident?

3. What doctors and other health care providers have you seen for treatment of your injuries?

4. What symptoms did you have at the scene of the accident? Did you get out of your car and walk around at the scene?

5. When did you first get medical care?

• a. What did you tell the doctor were your symptoms at that first visit?

6. What were your symptoms over time? Did any get better? Which ones and when?

7. If there were any gaps in your medical care (periods of time of several weeks or more that you did not get any treatment) why did you not get treatment?

8. What symptoms do you still have that you attribute to this accident?

• a. I RECOMMEND THAT YOU ANSWER BY MENTALLY WORKING DOWN FROM THE TOP OF YOUR HEAD

9. How much have your medical bills been? I WILL HELP WITH THIS.

10. Have you missed any time from work as a result of this accident? How much? When? What amount of lost income are you claiming? I WILL HELP WITH THIS.

11. Do you claim that you will miss work or lose income in the future as a result of this accident? If so, explain.

12. How have your injuries affected your day-to-day activities?

• a. What are the things that you could not do at all as a result of your injuries? How long did this last?
• b. What are the things that you could not do as well (or as often or as long) as usual as a result of your injuries? How long did this last?

13. Loss of consortium questions. That is, how has your injury affected your marriage? Loss or reduction of sex? Loss of enjoyment of other activities together? Loss of vacations? Loss of other opportunities? Etc.

To discuss your deposition further, please contact me.

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