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Depositions


27. Tricks or trick questions (the first two are auto tort specific, while the next three are not, they are worth mentioning). a. [From defense counsel] “Te impact came as a shock to you? So you weren’t thinking clearly when you...?”


b. [From defense counsel] “How far were you into the intersection when you looked at traffic.”


c. Remind your client not to let opposing counsel move on if he hasn’t finished his answer.


d. Remind your client to beware of questions that begin with “Is it possible that...?” as the lawyer may be trying to trick him into answering a question when he doesn’t have all the facts. Tell your client that if he doesn’t know, he should say so. He should also beware of characterizing something as impossible.


e. Remind your client not to let opposing counsel get away with questions that seem to summarize his testimony, but omit facts or portions of it. Assure your client that you will object to these questions.


28. All conversations at the scene whether the


client was a direct participant or merely overheard them.


Preparation Session Regarding Damages Issues


1. “Any part of your body strike any part of the inside of the vehicle?” Remind the client that the headrest is part of the inside of the vehicle. Anything loose inside the vehicle knocked about (e.g., change, discs, mp3 player, purse contents, change, mobile phone)?”


2. Impact. “Describe its sound and feel. Where did it take place on each involved vehicle? Review any photos and whether they are “fair and accurate depictions.”7


3. Pain. “When did you first feel it?” Ask your client to describe it. Discuss the progression of pain from impact to present. Discuss the language of pain. Pain can be described in terms of frequency


(constant v. intermittent); area (localized v. radiating); and intensity (shooting, stabbing, massive, horrendous, excruciating, stiff, aching, throbbing, numb, burning, pulsating, sharp, dull, sore, or nagging). Pain can also be expressed on a 0 (no pain) -10 (worst ever) scale. Further, it can be expressed as a percentage of improvement (e.g., “I am 90% better than when I was


7 In other words, regardless of whether the images are helpful or harmful, you want to know whether your client’s testimony will get them in evidence.


Motor Vehicle Trauma Workers’ Comp Injuries Assaults


Temporomandibular Disorders Anxiety


HEADACHES


If your clients have headaches, a negative C.A.T. scan, and negative neurological findings, they may be at high risk for an undiagnosed temporomandibular disorder.


• Non-Surgical treatment of traumatic TMD’s and related post-traumatic headaches.


• Extensive expert witness experience • Independent medical evaluations • Impairment ratings


Symptoms of Temporomandibular Disorders


• Headaches • Pain in the Temples, Face, or Neck • Pain or Clicking from the Jaw Joint • Difficulty Opening and Closing Mouth • Clogged Ears • Ringing in the Ears • Ear Pain • Dizziness • Sore Throat


Dr. Stephen H. Gamerman, D.D.S., P.A.


107 W. Saratoga Street Baltimore, 21201 (410)539-1155


9811 Mallard Drive, Ste. 112 Laurel, MD 20708 (301)523-1470


Visit us at www.tmjdoctorofmaryland.com Email us: tmjdoctorofmaryland@gmail.com


Trial Reporter / Winter 2011 19


at my worst”). Two caveats: First, advise your client to testify at all times using words with which he is comfortable. Lastly, the point is not to exaggerate or misrepresent your client’s condition, but to assist him in expressing the pain he endured.


4. Police. If they didn’t come to the scene. Prepare the client for “Why didn’t you call the police to the scene?”


5. Injuries. Discuss, and compare the client’s current memory with how they records.


are referenced in the


6. Gaps. Discuss any significant gaps in treatment. Can the client explain them? Remind him of holidays or other events that may have caused gaps.


7. Appointments. Discuss any missed, cancelled or rescheduled appointments (look for these in the records and medical bills). Find out if, for example, the client needed to work overtime at work or couldn’t get coverage for work or arrange for child care.


8. Explore any discrepancies regarding the health


care provider’s (HCP) recitation of the event and the client’s current telling of it? Sometimes clients


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