can lawyer ask me what insurance i have in a deposition

You might want to avoid it, but short of some extremely extenuating circumstances, you won't be able to. During the deposition, the defendant's attorney (who represents the other driver, or the other driver's car insurance company) will ask you a series of questions that will probably take several hours to get through.

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What does an insurance lawyer do during a deposition?

During a deposition of the treating doctor, the insurance defense lawyer on cross-examination will review the history and physical doctor notes, and go painstakingly through every detail.

Can a lawyer ask you a question during a deposition?

During the deposition, an attorney may ask a question that both sides had agreed was improper (e.g. relevant, or leading). The other attorney may make an objection. The objection often prompts the asking attorney to withdraw the question. In some instances, a dispute may develop over whether a witness must answer a particular question.

What is a deposition in a personal injury case?

In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue. You're claiming that as a result of someone's carelessness, you suffered injury. That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'.

What are my rights if I don't cooperate with a deposition?

If you have not been served with a subpoena, you may ignore the deposition. But, since this is a request from your current employer, you could be discharged for not cooperating. Basically, you have no rights.

What Cannot be asked in a deposition?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.

Can personal questions be asked in a deposition?

What Should I Do If I Object to a Personal Question During the Deposition? The deposing attorney can ask any question he or she likes, but you do not necessarily have to answer them. If you believe that the attorney has asked an irrelevant question, you can object to the question, or ask your attorney how to proceed.

Can you answer I don't know in a deposition?

Only answer the question if you know the answer. “I don't know” is a perfectly good responses (as long as it's the truth). “I don't remember,” “I don't recall,” and “I don't recall at the present time” are all perfectly good responses.

What is a deposition in insurance?

A deposition is a formal oral discovery process. Generally, when a homeowner or business owner files an insurance claim for loss due to hurricanes, tornadoes, fire, or other damages; they will make a claim for coverage through their insurance lawyer.

How do you answer tricky deposition questions?

How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. ... Listen to the Question in Detail. ... Dissect Any Compound Questions. ... Stand Up for Yourself During Questioning. ... Take Your Time Answering Deposition Questions. ... Admit to Mistakes or Inconsistencies in Your Answers.

What objections can be made in a deposition?

A Consolidated List of Proper Deposition ObjectionsHearsay. You're free to object to a question of hearsay during a trial. ... Assume facts, not in evidence. It depends. ... Calls for an opinion. ... Speaking and coaching objections. ... Privilege. ... Form. ... Mischaracterizes earlier testimony. ... Asked and answered.More items...

Can I plead the 5th in a deposition?

Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.

How do you win a deposition?

9 Tips for a Successful DepositionPrepare. ... Tell the Truth. ... Be Mindful of the Transcript. ... Answer Only the Question Presented. ... Answer Only as to What You Know. ... Stay Calm. ... Ask to See Exhibits. ... Don't Be Bullied.More items...

What kind of questions can be asked in a deposition?

Common questions in this vein include:How did you prepare for this deposition?Have you spoken to anyone other than your counsel about this case? ... What, specifically was discussed?What documents pertaining to the case have you reviewed?Did you meet with counsel for the other side prior to this deposition?More items...•

How long after deposition is settlement?

Depending on your state, that limit will vary. If you want the fastest time for a case to be settled after deposition, then we would say 4 months, but remember that that is the best case scenario with no hiccups along the way.

What happens in a deposition?

At a deposition, a person appears at a specified time and place and gives sworn testimony—under oath, usually with a court reporter present so that a record is made. Depositions typically occur during the discovery phase of a personal injury case (after the filing of a lawsuit, but before trial or settlement).

What happens after a deposition in a workers comp case in California?

What happens after a deposition in a workers comp case? After the deposition, the court reporter will send a transcript to the injured worker. He or she will have an opportunity to review the transcript and make any changes.

What is a deposition transcript?

That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

Is a defense lawyer fishing for information?

Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.

Can a defense lawyer talk to a witness?

Regardless, the defense lawyer knows he will be unable to get a witness to talk about the conversation you had with your lawyer. He can learn that you had a conversation. That's fine. He will try and imply that something sinister is going on because you talked to your attorney before your deposition.

Can a defense attorney ask a question about a convicted spousal abuse case?

The defense lawyer must have a good faith basis to ask the question. He can't ask it just for kicks.

Can you ask the same question at a deposition?

He may not be able to ask that same question at trial, but during a deposition, it may be fair game. Even if he gets an answer to a strange question, again, it doesn't mean he'll be able to use it later on at trial. You need to know that during this pretrial question and answer session there are two types of questions which you should NEVER answer.

What questions does the attorney ask a witness during a deposition?

During the deposition, one side’s attorney asks a witness a series of questions as to the witness’s knowledge of facts, circumstances, and events relevant to the case. The witness can be the other party, someone the other party claims to have relevant knowledge, or an expert whose opinions and conclusions are sought.

Why can't I attend a deposition?

Sometimes, a witness may be unable to attend due to unavailability. If this is the case, the witness can attempt to reschedule the deposition. If a witness fails to attend a deposition, the other side can obtain an order from the judge requiring attendance.

What is the person who videotapes a deposition called?

The person videotaping the deposition is called a videographer. During the deposition, a witness must truthfully answer questions asked of them. After the attorney for one side completes their deposition of the other party, the other party’s attorney may then ask their client questions.

What is the basis of an objection?

Questions that suggest or lead a witness to an answer, or that imply a fact that has not been established, can serve as the basis of an objection. While the attorneys are speaking to each other, the witness should not be speaking. The witness should answer the questions being asked of them,and only those questions.

What is a deposition in court?

A deposition is the taking of out-of-court testimony of a witness. After a civil litigation has been filed, each side, as part of the process known as discovery, is permitted to question the other side. This questioning pertains to facts, witnesses, and evidence the other side may intend to use in court proceedings. During the deposition, one side’s attorney asks a witness a series of questions as to the witness’s knowledge of facts, circumstances, and events relevant to the case.

Why do you use a deposition at trial?

A party may use the deposition at trial to demonstrate a witness testifying at trial is not being truthful. Trial testimony on a given question may vary from how the question was answered during the deposition. A lawyer may point out these discrepancies to call the witness’ credibility into question.

How long do witnesses have to answer questions?

Witnesses must be prepared to answer questions for a potential period of several hours. During this time, the attorneys may object to the form of each others’ questions.

How many breaks should I take during a deposition?

I advise taking at least one break every forty five minutes. 6. Don’t be afraid to say “I don’t remember”.

What happens if you file a personal injury lawsuit?

Once you file a lawsuit in a personal injury case, the other side has a right to find out what information you have about the accident and your injuries so they can be prepared for trial, if the case doesn’t settle.

How long before a car accident should you have a medical record?

If you are making a claim for low back pain and a herniated lumbar disc from a car accident, you should know whether there are any documented complaints of low back pain in your medical records in the five or ten years before the accident. Your attorney should have most or all of your medical records.

What information do you need to know about a slip and fall?

Information about your physical condition before the injury occurred . For example, in a slip and fall case where you broke your left arm, the defense lawyer is going to want to know if you are left-handed or right-handed, and he or she will want to know if you had any problems using that arm before the accident.

Is a defense attorney a paragraph?

It should not be a paragraph, a chapter or a book. If your answer is longer than a sentence, you are giving too much information. The defense attorney is being paid by the hour to formulate intelligent questions. Let him do his job and come up with some follow-up questions.

Who will take your deposition in a personal injury case?

If you have filed a civil lawsuit in your personal injury case against the at‐fault driver, person, corporation, or entity that caused your injuries, then at some point the defense attorney representing the other side will take your deposition.

What is a deposition in court?

A deposition is a question‐and‐answer session between the attorneys to a lawsuit and a witness (the deponent) where the witness’s answers are given under oath, taken down in writing by a court reporter and used by the attorneys to prepare for trial. In fact, deposition testimony can also be used in court at trial.

What is the Oregon deposition law?

Depositions are governed in Oregon by ORCP 39, which sets forth the legal requirements and procedures for a deposition. However, for the personal injury client, the most important thing to worry about is that you are properly prepared for your deposition in your personal injury case.

How to prepare for a defense attorney?

By being prepared you can make a good, truthful and forthright impression. 2. Think before answering .

What is the duty of a lawyer to answer a question?

Your duty is to tell the truth and answer only the question that has been asked. If the answer to the question is “yes” then you answer “yes” and that is it. You do not explain why the answer is “yes” unless the opposing attorney asks for that question. Keep your answers brief.

What is evidence in a personal injury lawsuit?

Oftentimes documents or photographs will be evidence in a personal injury lawsuit and will be exhibits in your deposition. You may be asked by the defendant’s attorney detailed questions about a document or photograph. The attorney may also read a portion of a document to you and then ask you questions about it.

Why is it important to review the facts of your case with your attorney?

Be prepared. You should review the facts of your case with your attorney so that your memory is refreshed and you can answer correctly. This is important not only for knowing how to deal with. potential weak spots in your case, but also for remembering and knowing all of the strong points in your case.

What factors go into finding a civil deposition attorney?

There are many factors that go into finding the right civil deposition attorney like education, experience, and any history of misconduct. That's why LegalMatch streamlined the entire process so you can find out everything you need to know to make the right decision for you.

What is a civil deposition?

A civil deposition is part of the discovery process in civil litigation. A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit.