What Questions Will I Be Asked in a Slip and Fall Deposition?

Woman being interviewed by two people

In a slip and fall deposition, the defense lawyer will ask questions that are relevant to your personal injury claim. The most common topics will be your background and medical history, the accident, your injuries, and the impact of the injuries on your life.

Some questions may seem invasive but are allowed. Other questions may seem reasonable but impermissible. This can be intimidating and confusing if you are on your own. The NYC slip and fall lawyers at Douglas and London prepare clients for these situations and act as a shield when opposing counsel tries to cross a line.

What happens at a deposition

A deposition is a session where a party or witness answers questions from an opposing party– under oath. Depositions are a part of the discovery process when the parties to a lawsuit gather evidence from the other side. Usually, the parties agree to the times and places of depositions. However, if a person does not cooperate, the party wishing to take the deposition can obtain a court order.

Depositions usually occur in an office and include all the attorneys for all parties to the lawsuit. What will likely happen is:

  • A court reporter administers an oath where you swear to tell the truth
  • Throughout the interview, the court reporter types what everyone says
  • The other party’s lawyer will ask questions to gain basic knowledge about you and then ask more detailed questions about the accident
  • Your lawyer may object to the topic of some of the questions; they will tell you whether to answer despite the objection or to stay silent until the next question is asked
  • The lawyers for other parties, if there are any, may ask additional questions
  • Your lawyer may remain silent or may ask follow-up questions to clarify some of the answers you have given

You may be allowed to review the transcript of the deposition for errors once the reporter transcribes it. Once the process is complete, the parties may use the transcript in court. Our New York City slip and fall lawyers will discuss this with you.

Typical questions in a slip and fall deposition

The questions in a deposition often begin with generic basics and then become more tailored to your claim and the answers you have already given. Some examples include:

  • Personal background – What are your name, address, and date of birth? Where did you go to school? Where do you work? Who lives in your household? What medications do you take? Have you ever injured the area of your body that was affected in the slip and fall? Did you review anything to prepare for the deposition?
  • The fall – Where were you when the fall happened? What were you doing at the time? Who was present? What shoes were you wearing? Did you see what caused the fall? Who did you tell about it? What did you do after? Did you see anyone fix the problem after you fell?
  • Your injury – What did you hurt in the fall? What was your pain level? Did you seek medical attention right away? What related medical evaluations, follow-ups, and treatments have you have undergone? What are your expenses? Are you now fully healed? Is there anything that you could do before the accident that you cannot do now? What impact has the injury had on your life?

Your personal injury attorney cannot answer the questions for you, but they will help you prepare for it and be by your side. They will give you an idea of what questions to ask and how to handle sensitive topics that may come up.

Have an experienced lawyer by your side for your slip and fall deposition

Depositions are one of the most critical components of litigation. During it, the attorneys will see how the parties will appear to a jury and find out some of the strengths and weaknesses of a case.

Having a knowledgeable attorney by your side can make you more prepared and confident, which helps to strengthen your claim. If you have been injured in an NYC slip and fall accident, speak with the personal injury attorneys at Douglas and London. We fight for full compensation for injured clients and are not afraid to take on the insurance companies and other big businesses. Call today to schedule a free consultation.

Resources:

  1. New York Courts, Uniform Rules for NY. State Trial Courts PART 221. Uniform Rules For The Conduct Of Depositions, http://ww2.nycourts.gov/rules/trialcourts/221.shtml
  2. Casetext, N.Y. Comp. Codes R. & Regs. tit. 22 § 221.1, https://casetext.com/regulation/new-york-codes-rules-and-regulations/title-22-judiciary/subtitle-a-judicial-administration/chapter-ii-uniform-rules-for-the-new-york-state-trial-courts/part-221-uniform-rules-for-the-conduct-of-depositions/section-2211-objections-at-depositions