Are you a car accident victim in Ohio, who will soon be testifying?
This article offers insight into the types of questions that defense counsels ask during a deposition or sworn testimony involving an auto accident case.
The Defense Counsel’s Strategy
Opposing counsel usually begins with laying out the ground rules for the deposition. Then they typically move on to a line of personal questions including your name, address, past addresses, your spouse, children, and past residential history. Then they will usually focus on your education and employment history.
Your Past Medical History
Once the basics are out of the way, counsel normally spends a lot of time going through your past medical history, including whether you have sustained prior or similar injuries before their accident date. They will also ask a lot of questions to establish whether or not you have had prior workers compensation claims or disabilities. Defense counsel will also inquire about any prior accidents as a passenger or a driver, slip and fall accidents (either at work or at home), or whether you have ever filed a claim with your insurance company.
They usually spend quite a bit of time talking about your prior medical care and treatments. They will ask you whether you had any prior chiropractic, physical therapy, or orthopedic treatment. They will ask you whether you have had any prior illnesses or have been diagnosed with prior arthritis or degenerative conditions.
What You Remember About the Accident
Then, the defense may shift its focus to the motor vehicle collision, requesting information such as when it occurred and what you remember. We remind our clients to focus on discussing five key topics regarding the auto accident:
1. The moments just before the wreck.
2. What you were doing.
3. The impact and what happened to you inside the vehicle.
4. Where your vehicle came to its final resting position
5. The damage to the vehicles involved.
If you had any discussions with the negligent driver, you need to provide defense counsel with a summary of those conversations. We recommend ending your discussion with a summary of all of the unsafe things that the negligent driver did (if any).
Defense counsel will typically only ask one or two questions about the accident, so it is important to discuss all five of these topics when asked “Tell us what happened in your auto accident.”
Are You a Car Accident Victim in Ohio?
At The Law Office of Tom Somos, LLC, we’ve helped many car accident victims in Ohio to prepare for depositions and testimonies. If you’re nervous or just need someone to talk to, call our firm today (614.488.2270) for more information. We’ll be happy to help you.
