Depositions
Depositions in Automobile Negligence Cases
Eric N. Stravitz T
his article will attempt to cover the fundamentals of preparing for and defending your client’s deposition and taking the tortfeasor’s1
deposition
in an automobile negligence case. It is not intended to cover every possible topic that could reasonably be covered at such preparation sessions or depositions. Further, it is intended only to provide information specific to automobile negligence cases. Tat said, let’s begin with a supposition: Trials should be about a search for the truth. Unfortunately, since jurors can neither read minds, nor summon videos depicting the true nature of the areas of contention in a case, trials are really about the jurors’ impression of the truth regarding the key areas of dispute.
I. Defending your client In light of the above supposition, it is essential, whenever
ethically possible, to try to eliminate potential innocent inaccuracies2
in our clients’ testimony that, when fused
together in a capable defense attorney’s closing argument, can result in an unjust defense or diminished verdict.
At or Shortly After the Initial Intake Meeting
1. Ask your client to prepare an open-ended letter to you marked Communication.”
in the letter regarding his human losses3
“Confidential Attorney-Client Have the client make entries that can be
used to refresh his recollection during a deposition preparation session. [Note: We generally ask this only of our more diligent clients.]
2. Explain that to a defense attorney, the words “I feel better” mean 100% better (explain this again during the deposition preparation session).
1 I use “tortfeasor” because he or she will not always be a defendant. 2 If the inaccuracies are not innocent, then your client may well get what he deserves. 3 See David Ball on Damages, 2nd Ed.
3. Also at this meeting, instruct your client not to give any recorded statements (unless required by his insurance policy). Why allow him to create another record that could contain innocent contradictions?
4. Obtain photos of vehicles and injuries (unless they would weaken your case), and photos (images) of the scene of collision.
5. Is a lost wage claim likely? Make sure the client knows that it will need to jibe with his tax returns, disability slips, and medical appointments.
6. Discuss potential pitfalls of social networking sites or blogging about the collision.
Before Meeting With Your Client to Prep
1. Ideally, review all relevant case-related documents before the prep session. At a minimum, review them with or in front of the client at the preparation session.
2. Review the law that applies to the collision (e.g., the boulevard rule).
3. If you even vaguely suspect your client of having past claims, run an ISO claims search.4
that might reveal it. Similarly, if
you suspect a criminal history, run the client through a database, such as Accurint or the free Maryland Judiciary Case Search website,5
4. Get any intake sheets or questionnaires your client may have completed for each heath care provider he
4 See
https://claimsearch.iso.com/ 5
http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp
Legal Nurse Resource Team
Build a better case with the experts doctors rely on.
Valerie Strockbine RN Certified Legal Nurse Consultant
vstrockbine@gmail.com 443-864-8089
Trial Reporter / Winter 2011 15
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