Massachusetts Personal Injury Blog

Personal Injury Deposition Tips for Massachusetts Plaintiffs

Here are some basic deposition guidelines to consider if you are a plaintiff in a personal injury case:

1)  Know the date, time and location of the accident;

2)  Know where and when you sought medical treatment for your injuries;

3)  Do not give flowery answers; keep your answers brief and only answer the question that is asked;

4)  Do not get flustered or impatient with the defense attorney; stay calm, relaxed and confident;

5)  Review your answers to interrogatories well in advance of the deposition;

6)  Be prepared to discuss former accidents you have been involved in in the past and the injuries you sustained in those accidents;

7)  NEVER ask the defense attorney a question;

8)  Remember that everything said is under oath and is being recorded by the stenographer;

9)  Ask the defense attorney to repeat the question if you do not understand a particular question.

10)  RELAX knowing that you have brought this lawsuit and that you are therefore in the driver's seat; it is the defendant who should be nervous, not you.

My Spouse Was Injured. Our Marriage Has Been Affected. Can I Sue for Damages?

Yes.  Massachusetts recognizes loss of consortium claims.  If your spouse was injured in an accident, and his/her injuries have affected the marriage relationship, then a loss of consortium claim can be brought.  Sometimes an injury victim is unable to offer the affection and companionship he/she was able to provide before the accident.  When this occurs, the spouse for the injury victim may be able to bring a loss of a loss of consortium claim for damages against the person or entity which caused the accident.  Also, children can bring such claims in Massachusetts as well.   

My Dog Bit/Attacked Someone. Can I Be Sued?

Yes, you can.  It is your homeowners insurance policy which provides liability coverage to you for these accidents.  It is imperative that you contact your insurance carrier immediately after the accident.  Once you report the event, your carrier will conduct an investigation and will begin communicating with the victim's attorney.  Since the Massachusetts dog bite statute is a strict liability statute, most dog bite and dog attack cases settle without the necessity of litigation.  But, If a lawsuit is filed against you, your Massachusetts homeowners carrier will, pursuant to your policy, provide you with an attorney to defend the case.

Therefore, if your dog bites or attacks someone do not worry, because you are insured.  If you are not insured, you would be wise to hire a personal injury attorney to defend the case.

I Was Injured at Work. Can I Sue for Pain and Suffering?

Maybe.  Generally, Massachusetts workers' compensation laws are your avenue for redress if you have sustained injuries at work.  You don't need to show negligence on the part of your employer to make a claim.  What you need to show is that you were in the "course and scope" of your employment at the time you were injured in order to make a workers' compensation claim in Massachusetts.

But, if a third-party is responsible for your injuries, then you may be able to bring a negligence claim against that party for your injuries.  An example would be if you slipped and fell at work, and the reason for your fall was negligence on the part of a third-party cleaning company that was hired by your employer to clean the floors at your place of employment.

The Importance of Disclosing Prior Accidents to Your Attorney

One of the first questions I ask a potential personal injury client is whether he has made any claims in the past.  Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information.  The reason is that the claims adjuster and the defense attorney (if the claim goes into suit) has access to a claims index.  If you have made claims in the past, they will appear in the claims index and will come up on a search.

Therefore, before meeting with your attorney for the first time, think back to any claims you have made in the past and write them down on a piece of paper.  Write down the approximate date of the accident, the type of accident it was, and any injuries you suffered as a result.

It is better that your attorney learn of these accidents at the beginning of the case, rather than during your deposition when the defense attorney will be sure to bring them up to weaken your case.

I was inspired to write this post after reading a similar post over at the Maryland Injury Lawyer Blog on this very topic.