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Personal Injury Deposition Question
If the defense attorney asks the plaintiff a question like:"Where were you looking?" The plaintiff answered the question with the response of: "forward". The defense attorney never ask the plaintiff if there was something specific she was looking at or didn't even at the plaintiff "why she didn't see what caused her to fall. But the plaintiff has a valid reason for not seeing something. Forward means something in front of the person. The defense is suppose to ask all the questions, if he(defense) feels the answer wasn't enough, he can ask for a more specific answer but didn't.
The plaintiff thought he was asking for a direction. I believe this seems like a mistake on the defense part for not asking. Would this bar the plaintiff from using a valid reason because of the defense mistake?
Attorney answers (2)
A deposition (Examination Before Trial) in New York is usually a rather informatl process. As you know it is done with the plaintiff being questioned by the defense counsel. This is the defense counsel's first opportunity to ask the plaintiff about what happened. However, a deposition is by no means an exhaustive list of what can be asked later on.
Nevertheless, please remember that it is ultimately the plaintiff's responsibility to prove his/her case. The plaintiff's attorney will have the opportunity to present the case (including the plaintiff's version of how the fall occurred and why the defendant was negligent and should be held liable.).
You should feel free to speak with your own personal injury attorney about these types of questions. I hope this helps you.
Let your attorney worry about the testimony. If you do not have one, you need one right away.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
