You could be required to attend a deposition for a slip and fall lawsuit. This is the case when you pursue any personal injury claim. It can be an integral part of the discovery process. In addition to sitting for a deposition, you may also have to answer a series of written questions during the lawsuit’s discovery phase.
However, if your case settles early on in the process, a deposition would not be necessary. For that reason, a proactive approach to settling your case is likely to reduce the possibility that you will need to sit for one. A Los Angeles personal injury attorney from Salamati law could assist you in resolving your case as soon as possible.
Understanding depositions
A deposition is not a formal court hearing. In fact, they do not occur in court at all. The judge is not present for the proceeding either. Typically, you will appear at the office of one of the firms handling the case. Along with your lawyer, the attorneys for the other parties will also be in attendance. A court reporter will appear to make a record of the deposition.
Depositions are not optional. While they are not court hearings, specific legal rules apply. For example, if you refuse to appear, the other side can file a motion with the court to compel you to do so. If you continue to refuse to participate, the court can dismiss the case entirely.
Your deposition will involve a series of questions and answers. Typically, the other side’s attorney will ask you questions about the nature of your claim. This questioning could last for a few minutes, or it could go for days. Most slip and fall depositions do not take more than a few hours. Sometimes your attorney will also ask you questions, as well.
Because both sides have a chance to question you and because a court reporter is present– your testimony could be used at trial. Therefore, it is vital that you thoroughly prepare for it before you appear– your Los Angeles slip and fall lawyer will help.
What questions to expect at a slip and fall deposition
While no two depositions are exactly alike, there are certain types of questions you can expect— for example:
- Describe your fall. Attorneys are certain to ask you how it happened. This will start with what happened directly before the fall and include the facts surrounding the fall itself.
- What was your knowledge of the hazard? Most of these lawsuits center on the hazard that caused the accident. The attorneys will usually ask if you’d noticed it– or had been warned. This is important, as notice of this could protect some property owners from a slip and fall claim.
- Medical history questions. Your previous medical history will be the focus of some questions. This is especially true if you are claiming the fall agitated a pre-existing condition.
- Asking about your injury. You will not only get questions about your prior medical history. You can also expect to be questioned about the nature of your injuries following the fall. This could include in-depth questions about the treatment you received and how the injury impacted your life.
Contact our team of Los Angeles slip and fall lawyers for a free consultation
Depositions are a normal part of slip and fall injury lawsuits. While they can seem intimidating if you are not familiar with the legal process, your attorney can ensure you are prepared. At Salamati Law, we will help you prepare for it. In many cases, we can resolve your claim so that a deposition is not necessary. Schedule your free consultation to learn more. We work on a contingency-fee-basis, so there are no upfront legal costs.
