A deposition is a recorded statement where a participant in a lawsuit answers various questions – under oath – from an opposing party.

It is common practice for slip and fall victims to have their depositions taken during the pending lawsuit.

While the thought of being questioned by attorneys might seem scary, knowing what happens at a Michigan slip and fall deposition and being prepared for it can alleviate your stress.

What Happens at a Michigan Slip and Fall Deposition?

Depositions are a component of the discovery process wherein the defendant’s attorney questions the plaintiff to gather evidence. The plaintiff’s attorney is also present. They typically occur in the law office of one of the parties of the lawsuit or via Zoom.

The deposition begins with the court reporter administering an oath where you swear to tell the truth. From that point forward, the court reporter will type all dialogue during the deposition.

You will then be asked a series of questions by the defendant’s lawyer, who is looking to gain basic knowledge about you, the fall, and your injury. These questions will then lead to more detailed ones. In addition, if there are lawyers for other parties, they may ask additional questions.

During the deposition, your slip and fall lawyer may ask follow-up questions to clarify some of your answers. He or she is also allowed to object to the topic of some of the questions. In these cases, they will direct you to either answer despite the objection or to stay silent until the next question is posed.

What Questions Will They Ask You During Your Slip and Fall Deposition?

When questioning you, there are three main subject areas the defense attorney will address: your personal background, the fall, and your injury.

Personal Background

The personal background questions are typically very standard, and contain some combination of the following:

• What are your name, address, and date of birth?
• Where did you attend school?
• If you have a job, where do you work?
• Are you married? Who else lives in your household with you?
• Did you review anything to prepare for this deposition? With whom?
• Were you on any medication at the time of the fall?

Information about your physical condition prior to the accident will be addressed as well. They will want to know if you had any prior injuries or relevant medical history concerning the parts of your body that sustained injuries.

The Fall

Once the defense attorney has completed the background questions to their satisfaction, they will typically inquire about the actual slip and fall:

• How did your fall happen?
• Do you typically look down when you are walking?
• What kind of shoes were you wearing?
• Were you carrying anything in your hand(s)?
• Was there a hazard you noticed before you fell?
• Who, if anyone, witnessed your fall?
• Did you tell anyone about your fall?
• Had you been to the location of your fall previously?

Do not be concerned if you are unable to recall every detail. Admitting to this is better than offering a guess that could later lead to contradictory answers.

The Injury

Finally, the defendant’s attorney will attempt to determine if your injuries are legitimate. They will ask a variety of questions regarding your treatment to ensure that you took appropriate steps to limit your injury:

• What were the injuries you sustained?
• Did you go to the emergency room?
• What symptoms do you have now? Have they changed over time?
• How severe is your current pain?
• Who is your primary care physician?
• Were you referred to any specialists?

You will likely also be asked if the accident and the injuries you suffered have changed your ability to function and how. For example, the defense attorney will want to know if you have difficulty with activities of daily living (ADLs) such as cleaning, driving a car, doing laundry, shopping, gardening, standing too long, or sitting too long.

Once the defense attorneys are satisfied that all questions have been answered, the deposition will be over. You will receive a transcript and have the opportunity to make corrections.

Try Not to Worry About Your Deposition

By going in with an understanding of what happens at a Michigan slip and fall deposition, you will have the advantage of being prepared.

And once you obtain a highly skilled slip-and-fall attorney from Femminineo Law, you will be in even better hands as he or she ensures that nothing happens during the deposition that might be against your interests.

So do not wait. Contact us today at 855-65CRASH or at GetDavidGetPaid.com to schedule your no-cost consultation. Time is of the essence.