Deposition Strategy and Questioning

Posted on Friday, June 18th, 2021 at 3:00 am    

If your personal injury case does not settle it is likely that you are going to trial. As part of the pre-trial process is the discovery process. During this process there is what is called a deposition. This article and subsequent ones will discuss depositions as part of the pre-trial process of discovery – deposition strategy.

A deposition is a question-and-answer session that is used to gather information about the case. It allows parties to the case to find out the likely evidence that will be used by the either side. Further, this information helps each party with regards to the case.

Deposition Strategy

As a result, depositions are a strategy so as to benefit your case. And this can be seen in how questions are asked. For example, if the plaintiff is a victim of elder neglect and suffered bedsores as a result of unchanged linen. The attorney may choose to depose the nursing home general manager. The point is to prove that the nursing home was negligent. Such negligence is with regards to failure to care for the basic needs of the resident or patient.

The attorney needs to show that the nursing home had a duty to change the resident’s sheets as necessary. And as a result of their failure to do so caused the bed sores of the resident. In such a case, deposition questions may include the following:

  • When was the last time residents bed sheets were changed?
  • How often are bed sheets changed?
  • Who is responsible for changing bed sheets?
  • How old is the linen found in the nursing home?
  • Are there washing machines available to wash bed sheets?
  • Have other residents or patients in the nursing home suffered from bed sores?

If the nursing home lawyers are carrying out the deposition, the questions help show that they regularly change bed sheets. Further, they may try to show that the bed sheets are not the reason for the resident’s bed sores. It may even be suggested that the resident may have a health issue causing bed sores.

To find out more about what to expect during your deposition, speak to your personal injury lawyer.


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