Deposition Outline Personal Injury - For Defendant s Deposition Randall G. Knutson Partner + Founder, Knutson+Casey randy@knutsoncasey.com
1. Name (a) full name (current) Addresses (a) current residence address-number and street (b) address at time of accident Age and Birth (a) age in years (b) date of birth Marriages (a) date of marriage (b) place of marriage (c) spouse's full name (maiden name) Divorces (a) full name of each former spouse (b) date suit or petition filed (c) where filed
Current employer Previous employers EDUCATION High school; ETC. (a) each school attended (b) dates;diplomas/degrees received, c) whether expelled or suspended; Uncompleted programs; reasons for not completing If a veteran (a) branch (b) dates served (c) length of service (d) locations of service (e) rate or rank achieved (f) type of discharge, date, place (g) whether disciplined while serving (h) current draft classification If rejected for military service (a) which branch (b) date and location of rejection (c) reasons for rejection (d) current draft classification Documents reviewed in preparation for deposition Police reports, photographs, maps, drawings, your own statements, statements taken by police, by your insurance company Vehicle Owner Permission to use? Year and Model
Damage to your vehicle -Piece by piece damage Broken glass Seatbacks Seat belt problems Air bags go off Rear mirror broken Windshield cracked, broken Tires blown out, off Headlights broken Steam from radiator Leaking Blood Dents to dash Door able to be opened Turn signals left on, broken Radio left on, horn go off Fire Items in trunk (farm chemicals) Damage to Plaintiff s vehicle, that you saw Go thru above items again Where is car now? Where is Plaintiff s car if you know Visited car recently; After accident; Seen Plaintiff s car? Go thru damages again; what told by body shop; bent frame, etc. What has to be replaced?
Familiarity with Road in question Number of times traveled on it that day That week, month, year Where going to and coming from Stops prior to accident Cited or ticketed Type of citation or ticket Court appearances Pay ticket Sign ticket Did it say pleading guilty Plead guilty to the citation or ticket Did so because you were in fact guilty of the citation or ticket Change in mind since plea of guilty Copy of ticket or citation at home or anywhere Other tickets before or after accident Speeding tickets All persons and vehicles that arrived at scene Firemen Police Ambulances Jaws of life crews Volunteer fire department Witnesses Family, friends, acquantainces Did you know any of the above personnel Did you ever see newspaper article or articles Do you have copies Which papers
GO THRU ALL CLAIMS BY DEFENDANT THAT SOMEONE ELSE IS TO BLAME FOR ACCIDENT, OR DENIALS OF LIABILITY -From Answer -All FACTS YOU ARE AWARE OF that support those claims 4. All notices of claims or actions given to third party (a) identification (b) description of contents and date of notice (c) reasons for giving notice 5. All settlements or compromises arising from occurrence (a) parties (name, address) (b) description of original claim settled (c) amount of compensation Current and past prescription drug use (a) description of all prescription drugs deponent takes (1) currently (2) during the past ten years (b) name of patient drug prescribed for (c) name and address of prescribing doctor (d) diagnosis/reasons for taking each drug (e) dosage prescribed and taken (f) date each drug first prescribed REHAB? 2. Current and past non-prescription drug use (a) description of all non-prescription drugs deponent takes (1) currently (2) during the past ten years (b) reason for taking each drug (c) average weekly dosage taken of each drug
1. Arrest (a) felony 2. Conviction (a) for each felony
THE ACCIDENT TIME WHERE IT HAPPENED GOING TO AND COMING FROM Evidence of being in a hurry Have witness tell story of accident Go through each individual fact or statement Go thru Police report Follow Up
Surface conditions Lighting Weather (a) light and cloud cover (b) temperature Sun Visibility Limitations on visibility (a) hill (b) curve Physical condition just before time of occurrence MENTAL CONDITION JUST PRIOR TO ACCIDENT (a) particular condition just before time of occurrence (1) nature of condition (2) medical name for condition Tiredness
Activities length of work on day of occurrence other activities on day of occurrence business activities social activities Business or social activities day or night prior to occurrence Use of tobacco; cigarettes in car COFFEE in car Cell phone in car Alcoholic beverages in 24 hours before occurrence Drugs or medications taken within 24 hours before Everything done as precaution to avoid accident or injury WARNINGS WARNING SIGNS AND ROAD SIGNS Any prior accidents or occurrences -Civil suits for prior accidents or occurrences Accident claims (no suit filed) Health policy claims KNOWLEDGE OF PLAINTIFF S INJURIES AND DISABILITY DEFENDANT S INJURIES, IF ANY -Hospitalization
SPEED Speed of vehicle on road prior to accident Speed limit on that road Do you generally speed on that road Do you claim you looked at your speedometer to determine speed Right before accident (That is how you are so sure)
Medication or drugs 2. After the occurrence (a) appearance of PLAINTIFF immediately prior to and following occurrence (1) ability to walk, stand, sit (2) ability to talk (3) whether loud or boisterous (4) whether odor of alcohol, medicine, smoke or drugs on breath or clothing (5) whether eyes were red, watery, heavy-lidded, glassy or otherwise (6) dishevelled or unkempt appearance (7) whether depressed, elated, belligerent, aggressive, dazed, bewildered, confused, crying or other (8) behavior out of the ordinary (b) everything said between parties and witnesses immediately following the occurrence (1) identify persons present (2) substance of conversation APPEARANCE OF OTHERS INJURED, OR IN PLAINTIFF S CAR 1. Chronological description of how the occurrence happened (a) everything each person did (1) precautions (2) actions (3) attempted actions (4) mistakes (b) everything each person said (c) everything which happened (d) everything noticed
2. Other persons in vicinity of occurrence Persons contributing to cause occurrence 5. Deponent's awareness of danger that occurrence might take place (a) date and time of first awareness (b) nature of indication of danger (c) source of deponent's knowledge of indication (d) description of danger of which deponent was aware (e) steps taken to avert danger Prescription glasses; a requirement for drivers licence? Wearing them that day (d) any difficulty with vision or visibility near sighted or far sighted what happened to glasses during and after accident CONDITION OF DEFENDANT AFTER ACCIDENT (a) position of defendant's body 1. Conversations with Plaintiff, others APOLOGIES? ADMISSIONS OF FAULT?
GIVE STATEMENTS TO ANYONE INVESTIGATING ACCIDENT AFTER ACCIDENT Taken shortly after accident Recorded Under Oath Were you given a copy Still have a copy Do you recall what that statement says When was last time you looked at it Review it for today s deposition Can you recall if anything in that statement you made differs from what you have told me today Statements given to Insurance company; others You did not have an attorney present for the taking of that statement. When gave statement, there was no litigation pending against you When giving statement, you did not believe you were consulting with a lawyer on your behalf When you gave the statement did not seek legal advice from person on phone Fair to say that At time of statement you did not believe that litigation was sure to occur
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