Slips and falls rank as the third most leading cause of personal injury lawsuits in Nevada. And just as slip-and-fall claims are common in Nevada, depositions are common in a slip-and-fall case.
Let’s delve into the specifics of what a deposition entails, who might be summoned for one, and the potential questions posed during a slip-and-fall deposition in Nevada.
WHAT IS A DEPOSITION?
If you’re new to the legal world, you might be unfamiliar with the term “deposition.”
A deposition is an out-of-court interview conducted by the opponent’s attorney during the first investigation phase when someone files a lawsuit. A defense attorney wants to take the injured person’s deposition to gather information about how the accident occurred, to evaluate the injured person as a witness, to attempt to get the injured person to provide key admissions and to lock in the injured person’s trial testimony.
It may seem like an informal question-and-answer session, but a deposition holds great legal value and is conducted under oath and in the presence of a court reporter, so it’s important to prepare for it.
WHO IS CALLED FOR A DEPOSITION?
Anyone involved in the case could be summoned for a deposition. This includes the victim, the individual or party responsible, and any eyewitnesses to the incident. If necessary, attorneys might also call upon medical professionals or other experts for their deposition.
However, considering that the victim files the case, they can be the first ones to be interviewed. Victims are also the ones to go through the most thorough depositions as they carry the burden of proof.
WHAT QUESTIONS CAN YOU BE ASKED IN A SLIP-AND-FALL DEPOSITION IN NEVADA?
Nothing you say during a slip-and-fall deposition goes unnoticed. Therefore, when you’re called for one, it’s important to prepare in advance. Here’s the list of some of the most commonly asked questions in slip-and-fall depositions in Nevada to help you face it with confidence:
● PERSONAL HISTORY
Beyond standard questions like your name, job, and current residence, you might also be queried about your family, any criminal history, substance use, previous residences, and employment history. The specific questions posed will vary based on your involvement in the case.
This line of questioning aims to assess your credibility.
● MEDICAL HISTORY
When defense attorneys call someone for deposition, they try to extract as much information from them as possible in the hope of finding something that could potentially weaken the case and give their client an advantage. They may ask about your complete medical history to know if your injury could likely be a result of some pre-existing health issues if your health made you more prone to the injuries you have suffered, and if you’re able to recall the incidents accurately, i.e., you do not have any memory problems.
● HOW DID THE INCIDENT HAPPEN?
Regardless of whether you’re the victim in a slip and fall accident in Nevada, the owner of the property where it happened, or a witness, you will be asked to narrate the incident. The attorney will ask you to tell every little detail, no matter how small or unimportant it may seem. You will also likely be asked very specific questions about the situation.
● WHAT CLOTHES AND SHOES WERE YOU WEARING AT THE TIME OF THE ACCIDENT?
This may seem like an irrelevant question, but it is actually a crucial one. By asking this, the defense attorney wants to determine if your clothes and/or shoes could have potentially caused the slip-and-fall accident.
● WHAT INJURIES DID THE ACCIDENT CAUSE?
After setting the premise and getting all the basic details about what happened and how the attorney will come to the main subject and will inquire about the injuries you sustained in the slip and fall accident that you have filed the claim. Expect this to continue for a while as you’ll likely answer questions regarding healthcare providers, the cost of your medical treatment, etc.
● WHAT MEDICAL TREATMENT DID YOU GET OR ARE RECEIVING?
After establishing the level and extent of your injuries, the lawyer will ask about the treatment you received or still getting for them. You will be asked to show medical documents to back your claims. You may also be asked whether the medical treatment helped you feel better.
NEVER GO TO A DEPOSITION WITHOUT YOUR LAWYER
Having an attorney by your side is the biggest favor you could do to yourself when summoned for a deposition. No matter what your position in the case is, if you’re involved in a slip-and-fall lawsuit in Nevada, hire a lawyer to educate you about your legal rights and help protect them.
HIRE A SLIP-AND-FALL LAWYER FROM THE BOURASSA LAW TO GUIDE AND ASSIST YOU THROUGH THE CASE
While everyone who’s a party to a slip-and-fall lawsuit requires a lawyer, the victim needs the legal professional the most as they carry the burden of proof.
If you have been injured in a slip and fall accident in Nevada, hire an experienced attorney from The Bourassa Law for the best advice and legal representation.
Whether you’re looking for an out-of-court settlement or want to file a court case, our slip-and-fall lawyers in Nevada will help you at every step.
Contact us today and schedule an appointment for a free consultation.
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