Depositions are common in slip and fall cases. If you are deposed, you will answer questions under oath that are asked by the defendant’s attorney. Some depositions will take place in a neutral location, but it is likely that your deposition will occur in an attorney’s law office. There will not be a judge or magistrate present – just the defendant’s attorney, the defendant, your New York City slip and fall lawyer, you, and a court reporter. Some depositions are also videotaped, and you will be notified in advance if yours will be.
What Types of Questions Will the Attorney Ask Me?
The deposition is an opportunity for the defendant’s attorney to learn more about your side of the story with regard to this accident, and he or she will ask very detailed questions that may even seem irrelevant. Additionally, the defendant’s attorney will be sizing you up as to your credibility and performance as a witness, as this information may help the opposition develop its strategy in preparation for trial.
In general, there are four categories of questions that the defendant’s attorney is likely to ask you:
- Background questions that delve into your personal life, any potential substance-abuse issues, your family, your work history, your level of education, any previous legal issues that you have had, where you have lived for the last decade-plus, and more
- Your complete medical history over an extensive period of time, perhaps a decade or more
- How your slip and fall accident transpired
- Any injuries or damages you have incurred as a result of the accident
Everything Matters
All four categories of questions may be exhaustive and extremely time-consuming, so be sure to prepare for a long day. When it comes to the questions about the accident itself, you may be surprised at how detailed some of the questions will be.
Here is a list of some possible questions that the defendant’s attorney may ask you about your slip and fall accident:
- What were you wearing when the accident occurred?
- How long were the pants or dress that you were wearing?
- What shoes were you wearing?
- Were your shoelaces tied?
- How long had you had those shoes before the accident?
- How often do you wear those shoes?
- Had you ever slipped in that location before the accident occurred?
- Did you have any reason to believe that the surface you were walking on might be slippery?
- Where were you looking at the time you slipped?
- Would you have still fallen if you had been looking elsewhere?
- Was there anything nearby that you could have grabbed onto to avoid falling all the way to the ground?
- Were you carrying anything at the time of the accident?
- Which foot slipped first?
- Had you seen anyone else slip in that same place before you did?
- How did you slip?
- Which part of your body hit the ground first?
- Did any other parts of your body hit the ground?
Possible Questions About Your Injuries and Damages
With regard to the injuries and damages that you sustained due to this accident, you can expect another plethora of questions. The defendant’s attorney will likely ask you all about your diagnosis, the amount of pain you have experienced, your prognosis for recovery or improvement, what sort of treatment or physical therapy has been prescribed, any medications you are taking, how much time you have missed at work, how your injuries have affected your job performance, how much you have paid in medical bills, how much more you expect to pay in medical bills, how much your health insurance is covering, how your injuries have affected your personal life, and more.
The Right Attorney Will Make Sure You are Fully Prepared
While the deposition in general or the probing questions asked in particular may seem intimidating, a qualified personal injury attorney will meet with you in advance to help you prepare by asking you sample questions and discussing your strategy for how to handle certain topics or lines of questioning. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we strive to help our clients feel fully prepared for depositions.
Our Phone Lines are Always Open
In over half a century of service, we have developed a reputation for being a trustworthy firm that aggressively seeks justice on behalf of our clients. If you have been injured in a slip and fall accident, call Friedman, Levy, Goldfarb, Green & Bagley, P.C. 24 hours a day to schedule your free consultation. Take comfort in knowing that you will not owe us anything unless you win your case.
