You may have already harmed your chances of recovering fair compensation by proceeding this far without an attorney's help. I would strongly encourage you to retain an experienced injury lawyer and not try to defend yourself during your own deposition. Under applicable rules of civil procedure with which you may not be familiar, the scope of discovery is quite broad. Deposition questions may generally cover not otherwise privileged that is anything reasonably calculated to lead to the discovery of admissible evidence, including medical information.
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Your question exposes why you should be represented by counsel. The rules of evidence and proper objections to made during a deposition are well beyond the scope of this limited forum. If you do not want to hire a lawyer to properly represent you, it is suggested that you take a trip to the local library to study up on the deposition process, civil procedure, rules of evidence and rules of court. Good luck.
So, you'd basically like me to every question and objection out of bounds in one tiny paragraph? Questions about your health?? Well, wouldn't any physically injury affect your health??
Your question on AVVO is unreasonable. This is why you'd hire an experienced attorney to defend you. I once had a criminal client who handled his own disposition. It was for a PI case where he admitted that once his money ran out, he bought Vicodin off a friend. Now, most people would see this as a reasonable solution to not having insurance and not being able to afford pain meds due to a very very serious car accident. Unfortunately, the DA saw it as felony drug possession without a prescription. And the poor guy who sold it? Drug sales - Kid You not.. and the insurance company's lawyer thought he was just "doing a public service"
Look, there's no possible way any lawyer could predict what the attorney will ask you that is deemed out of bounds, and I promise you, most lawyers will take liberties with people who aren't protected by an attorney if they can get away with it... especially when it's in the best interest of their client.
I get really concerned when I see people try to litigate cases by themselves. When you are out of small claims, it is a totally different ball game. I have seen (and maybe done so myself) attorneys take advantage of the discovery rules on pro pers, hitting them with sanctions and motions to compel. If requests for admissions are part of the discovery packet, you may have lost the case already. You may be trying to avoid contingent fees, but I would lawyer up fast.
In Depositions, the attorney can follow up on information that you provided in response to the Interrogatories. As the case involves an auto accident, questions about your health would be relevant (assuming that you're suing for personal injuries).
Well, one set of questions that would be completely out of bounds would be asking about what you and your lawyer talked about regarding the case. That would be considered privileged communications. To be able to assert this privilege, you will need a lawyer... so step one is hiring a lawyer. Step two is communicating with your lawyer.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician
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The opposing side is entitled to answers which are related to the case, even if remotely. This means a seasoned lawyer could pretty much ask anything (reasonable), as he will come up with some relation to the incident. I STRONGLY agree with everyone else. You should really get a lawyer.
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