DH has a car accident lawsuit going on for 3 years now....deposition date is June 9th. His lawyer said we won't know if we have to go to court until June 8th when the other side might turn around and settle all of a sudden.
What can we expect in court?
tracyg
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Re: Anyone ever have to go to a deposition?
I had to go to one for a car accident years ago. We just met at my lawyers office, the other wench who hit me wasn't there, but her greasy lawyer was. They just ask questions regarding the accident... the same questions OVER AND OVER in minute detail. (what did you have for breakfast that morning? kinda stuff) It was a real pain because her lawyer was a jacka$$!!! It didn't go to court. My insurance covered the settlement... even though she didn't deserve a dime!
shelly3950
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Re: Anyone ever have to go to a deposition?
I'm an attorney and have done a ton of depositions. Usually they are not done in Court, except for in Nassau. What happens is that you are in room with your lawyer, their lawyer, a court reporter and maybe the defendant. Their lawyer will ask you question. You will answer them. Keep the answers short and sweet.
ETA: Your laywer should prep you and ask them to do a mock deposition with you or DH so you can have an idea what to say. Car accidents cases hang on two things, teh EBT and the police report. Also, the worst thing to day is 'I didn't see it coming'
btrflygrl
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Re: Anyone ever have to go to a deposition?
shelly3950...
thank you....any suggestions on what to wear? Do we find out the day before where we will have it? how long do they last?
This settlement is KILLING us (it was before my time with DH) he just wants it OVER. It blows our mind that they haven't settled yet because all evidence (even police report) says it was the defendant's fault (an 18 wheeler drove into my husbands' car while he was stopped at the outer bridge crossing waiting to pay a toll) and ther is no evidence of a pre-existing shoulder injury (he had rotator cuff surgery a year ago)
shelly3950
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Re: Anyone ever have to go to a deposition?
Wear something conservative. Defendants will be judging the kind of witness you will be. Will a jury like you or not. As for your FH. Have him wear something that it is easy to get in and out of- i know this sounds funny- but they may ask questions about how he gets dressed and if he is wearing lace up shoes or a funky shirt, it might cause a problem (especially wiht a rotator cuff injury). Have him wear what is easiest and causes the least amount of pain to get in and out of. But no T- shirts. The average EBT is 2 hours. It can be longer, it can be less. Usually car accident EBT's are shorter.
Wow! I hope FH is OK. This is exactly the kind of work I did until a few months ago when I switched to corporate law. I worked as a plaintiff's personal injury worker for 3 1/2 years. Nassau is a tough venue for plaintiffs. Also most case don't settle before depositions. Defendant attorneys can bill more and get a fuller sense of the case.
btrflygrl
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Re: Anyone ever have to go to a deposition?
thank you for the advice. Here is some of the background...feel free to post your opinion both personal or professional on the situation:
Like I said, DH was at a toll booth when an 18 wheeler plowed into him at about 45 mph (I believe) driven by a 76 year old man (no prejudice..but why would a 76 yr old be allowed to drive a vehicle like this?) DH car was the first to be hit, spun around, hooked on the trucks bumper and dragged, while hitting 2 other cars in the process. He walked away from the accident (thankfully, as did everyone else). He had been going to PT for about a year after (or more) for his back and had lost his career as an EMT because he could no longer lift. He had never regained the strength in his left arm and his dr's deemed that his rotator cuff needed to be done because it showed a tear from the MRI. It was done....out of work for 6 weeks....back to PT for rehab. Fast forward to a year later (Now)....still has less strength in his arm, but doing very well...no pain on a regular basis, only when it rains or he overuses it, it will get achy. He even plays softball (played last year too..but we'll leave that info out).
Police report states it was the truckers' fault. EMT's that attended him were amazed that he walked away without a SCRATCH.
We just do not understand why they didn't settle a LONG time ago...and I understand that their lawyers get paid the longer it goes on while our laywer will only get paid if we win or settle. The amount of money that the lawsuit is going for is outrageous, and our lawyer says he refuses to take anything less than 6 figures.....
Mary
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Re: Anyone ever have to go to a deposition?
Another thing to keep in mind is that the case may not settle for quite some time. At least when I was working for PI firm, there was a trend of settling right before trial. Unfortunately, it can take more than a year (sometimes 2) for a trial date to be set after the deposition.
btrflygrl
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Re: Anyone ever have to go to a deposition?
can they decide to settle before the deposition or at the deposition???
it will be 3 years in Sept.
Mary
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Re: Anyone ever have to go to a deposition?
Posted by btrflygrl
can they decide to settle before the deposition or at the deposition???
it will be 3 years in Sept.
Settlements can happen at any time.
no stress bride
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Re: Anyone ever have to go to a deposition?
Settlement can happen at anytime I had my deposition in my lawyers office in Suffolk and then I settled 4 years later after my car accident. It was weird cause I haven't seen the lady that hit me since that day and then sitting across the table from her was very weird. But no amount of money will bring that everything that I have lost my soccer scholarship, the end of my senior year in HS the first year I had to take off of college cause of treatment it was terrible. If u don't mind me asking who is your lawyer??or u can FM me!!
Kosta's Kitty
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Re: Anyone ever have to go to a deposition?
FH and I are currently in the same situation that happened over 3 years ago. Is there a statute of limitation for personal injury? This case seems to be dragging on forever and I wish it was over already.
shelly3950
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Re: Anyone ever have to go to a deposition?
Few cases settle before EBT's. Some cases settle after EBT but before the physical exam (FH will have to be examined by their doctor). Some cases settle at trial. Some lawfirms/ insurance companies have certain policies about when they will settle. The only thing that can be done is for a lawyer to write a bad faith letter to teh insurance beaureu- but that has to depend on all the circumstances- which I don't know. Since I don't know too much, I can't give any opinions (since that would also be unethical- yes even lawyers have ethics )
Anne01
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Re: Anyone ever have to go to a deposition?
Statute of Limitations for personal injury cases are usually 3 yrs from the date of accident. But unfortunately, the statute is the limit of time you have to start an action in court, not how quickly it must settle.
Cindy
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Re: Anyone ever have to go to a deposition?
I am a court reporter and that is all I do is sit in on EBTs. Shelly basically explained everything. Your attorney will prep you before hand. The only advice I can say is only answer the questions and never give additional information other than what is needed. I see that happen sometimes and the witnesses dont realize they are doing more harm than good.
Alot of cases do settle. My husband had one a few years and we actually settled while the jury was deliberating. Good luck to you and your husband.
