What to Expect During A Personal Injury Deposition

What to Expect During A Personal Injury Deposition

Both sides are given the opportunity to gather more information about the case before a personal injury lawsuit goes to trial. This is known as discovery, and one of the most common tools used to gather information during this phase of the case is the deposition. Here’s what you should expect during a personal injury deposition:

The Basics

You will be asked to appear at a certain time and place in order to answer questions about the case under oath. Typically, the other party’s lawyer will ask the questions. Your lawyer is welcome to attend to ensure your rights are not violated at any point in the questioning. A court reporter may also be present to create a record of what was said during the deposition.

Questions to Expect During A Personal Injury Deposition

The opposing attorney may start off by asking simple questions related to your employment, salary history, and living arrangements. But, the questions will get harder from here. Since this is the information-gathering phase of the case, the opposing attorney will want to learn more about the accident that occurred. For example, let’s say you were injured in a car accident. You may need to tell the opposing attorney where you were traveling prior to the accident, whether or not you were distracted, the speed at which you were traveling, and what happened immediately following the crash.

The opposing attorney will most likely ask questions related to your medical history, so it’s important to be prepared to discuss injuries and treatments from your past. You will need to answer questions about your current condition as well. Be ready to provide detailed answers on the injuries you sustained in the accident and the treatments you received as a result of these injuries. The attorney may question the methods you’ve used or the healthcare providers you’ve chosen to treat your injuries. In fact, the attorney may expect you to justify these decisions during the deposition.

What to Remember During A Deposition

It’s important to remember that every answer is given under oath, which means you must always tell the truth during a deposition. Speak slowly and choose your words carefully. Do not be afraid to ask for clarification if you are not sure what you are being asked. Also, keep in mind that there’s no harm in admitting you do not know the answer. It’s better to admit that you are unsure than it is to lie under oath.

Have you been injured? If so, let the experienced attorneys at The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC work tirelessly to recover the compensation you deserve. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation today.

How A Pre-Existing Injury Can Affect Your Personal Injury Case

How A Pre-Existing Injury Can Affect Your Personal Injury CaseMany factors can affect the outcome of your personal injury case, including pre-existing injuries. A pre-existing injury is one that existed prior to the accident. How can this type of injury affect your personal injury case? Here’s what you need to know:

Are Victims Entitled to Compensation For Pre-Existing Injuries?

The at-fault party’s insurance company is responsible for compensating you for the injuries you sustained in the accident caused by their policyholder. However, they are not responsible for compensating you for injuries that were sustained before the accident.

There is one exception to this rule. If the accident made your pre-existing injury worse, you are entitled to compensation, but only to the degree that the accident affected the injury.

For example, let’s say you have a pre-existing back injury and are involved in a car accident, which makes your back injury worse. Prior to the accident, you were expected to return to work in one week. Now that the injury has worsened, your doctor has advised you to take two weeks off to recover. In this example, you are entitled to compensation for the additional one week of wages you will lose due to the accident. You could also be entitled to other damages for medical expenses and pain and suffering related to the worsening of your condition.

How Insurance Companies See Pre-Existing Injuries

Insurance adjusters often see pre-existing injuries as an opportunity to reduce or deny your claim. Why? An insurance adjuster may argue that there’s no way to prove that the accident made your injury worse, therefore they are not obligated to pay you anything. If the insurance adjuster agrees that the accident made your injury worse, he could still argue the extent of the damage caused by the accident. If he is successful, this could drastically reduce the value of your claim.

Having a pre-existing injury can complicate your personal injury case. For this reason, it is in your best interest to hire a personal injury attorney to handle the negotiations with the insurance company. An attorney can obtain your medical records and work with expert witnesses to provide the insurance company with the proof they need to see to compensate you.

Are you worried that a pre-existing injury will affect your personal injury case? If so, The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC can help. Our personal injury attorneys will not let the insurance company use your pre-existing injury to their advantage. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation today.

What to Do After A Car Accident With An Uninsured Driver

What to Do After A Car Accident With An Uninsured DriverThe state of Missouri requires all drivers to obtain auto insurance. But, many drivers in this state choose not to comply with this legal requirement. This means you could be involved in a car accident with an uninsured driver at some point in your life. Here’s what to do if it happens to you:

Gather Evidence

It’s best to gather evidence before leaving the scene of the accident. Take pictures of the damage, the positioning of the vehicles, traffic signs or lights, and anything else that seems relevant. Exchange contact information with the other driver, and if there were witnesses, ask for their information as well.

Seek Medical Attention

Visit a hospital or doctor’s office shortly after leaving the scene of the accident—even if your injuries do not seem serious. Some symptoms can take hours or days to appear, so your injuries will have worsened by the time you notice them. Don’t take this chance—seek medical attention right away to protect yourself.

File An Accident Report

Drivers are required to report crashes with the Driver License Bureauif an uninsured motorist was involved and the accident either injured or killed someone or caused more than $500 in damages. Fill out the appropriate forms as soon as possible after the injury so you do not forget to fulfill this legal obligation.

File A Car Accident Claim

Car accident victims usually file claims with the at-fault party’s insurance company in order to recover compensation for their injuries and property damage. But, what if the other driver did not have insurance?

In Missouri, drivers are required to have uninsured motorist coverage, which applies in claims involving an uninsured driver. This coverage protects you in the event you or your passengers are injured as a result of an uninsured driver’s negligence. After a car accident with an uninsured driver, you will need to take advantage of this coverage and file a claim with your insurance company.

It’s your insurance company that is handling the claim, but that does not mean they are looking out for your best interests. The insurer will look for every opportunity to reduce or deny your claim so they don’t have to write you a check for your injuries. Don’t let this happen—let a personal injury attorney handle the claims process on your behalf.

Have you been injured by an uninsured driver? If so, The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLCcan help. Let our personal injury attorneys aggressively negotiate with your insurance company to secure the compensation you deserve. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation today.