Who Must Testify At Deposition For Personal Injury Case?

A deposition is a proceeding that takes place during a discovery session. During the course of that proceeding, an attorney questions witnesses in an out-of-court setting.

Who will be deposed?

The plaintiff: Could be asked to give details about any injury and any treatment used to fix that same injury. Could be asked to explain in detail the way that a given injury has disrupted the plaintiff’s lifestyle.

The defendant

Any eyewitnesses: Those that witnessed what happened at the time of the accident. Any witnesses that saw what took place in the moments before the accident.

The defendant’s neighbors and friends: These could provide the questioning attorney with insight into the mind of the defendant during the days that led up to the accident.
Selected experts.

Types of experts that might be questioned

Experts called to testify at discovery session for a slip and fall case. The contractor that built some part of a building, a part that has collapsed; alternatively, it could be the contractor that designed a certain walkway or a staircase. The property manager for the building, the one in which a particular structure has collapsed.

Experts called to testify at similar session for a medical malpractice case.Each called expert should be a medical professional that specializes in the same area of medicine as the defendant, the physician charged with committing malpractice. Only such an expert would have the expertise necessary for judging how reasonable the actions of the defendant were at the time of commission of the alleged act of malpractice.

If the injured patient received some care at home, then it might help to get testimony from some visiting nurses, as well. They would have seen the degree to which the patient was hurt by the time spent in the charged facility.

Experts most apt to testify at a discovery session for a personal injury case, one where the plaintiff was injured in a car accident. If the attorney wanted to learn more about the client’s injury, then it would help to depose a medical professional. The plaintiff’s lawyer might depose an expert in the reconstruction of accidents.

If the plaintiff had claimed that he or she would suffer a loss of future earning opportunities, then an expert in economics should be asked to attend a deposition. Such experts can predict the cost of living at points in the future. That knowledge makes it easier to judge a future loss’ size.

An Injury Lawyer in Hamilton for the defendant might request testimony from a private investigator. That would be someone that had followed the actions of the injured plaintiff. The investigator could state whether or not the plaintiff really appeared to encounter problems with doing specific activities.