During the discovery session, the defense team seeks information about the plaintiff’s side of the story. The deposition takes place during the discovery session. During the deposition, lawyers for both sides get a chance to pose questions to the plaintiff.
Some of the questions represent a search for background information
The defense team will want details on the plaintiff’s education, family and employment. It will also try to unearth any facts about a past criminal record.
Some of the questions demonstrate the other side’s desire to learn more about what happened at the time of the slip and fall incident.
The defendant’s lawyer will want to know how the plaintiff got hurt. He or she might pose this question: What sort of footwear did you have on that day? Other questions might focus more on the time when the plaintiff actually fell down: Where did you slip?
• What caused your foot to slip?
• Which foot slipped on the surface where you were walking?
• How did you fall down?
A third series of inquiries deal with the damages and losses that have been reported by the plaintiff.
• Does your medical history include mention of any other slip and fall incident?
• What doctor have you been going to for treatment?
• How has the injury impacted your life?
• Have you recovered fully?
How plaintiffs should approach the task of answering each query?
No one times the interval between the question and the answer. Plaintiffs should feel free to take as much time as necessary, when considering how to answer a given question. A guess should not be made. If a plaintiff does not know the answer, then he or she should make clear his/her inability to provide the desired information.
The lawyer questioning the witness/plaintiff should not feel like the witness is trying to fight him or her. For that reason, plaintiffs are told not to place their arms over their chest. In addition, plaintiffs are told not to cross their legs.
The plaintiff’s eyes should not stare into the questioner’s eyes. Instead, they should seek out a spot that lies somewhere between the questioners’ nose and chin. Once that spot has been chosen, then the questioned plaintiff should keep his or her eyes focused on that same spot.
Personal injury lawyers in Romeoville can help their clients that are plaintiffs, by watching for evidence of some specific nervous activity. If any client tends to carry out such an activity, then a good lawyer would make appoint of trying to put an end to such a habit. Of course, lawyers need to realize that it takes only 2 weeks to form a habit, but at least 3 weeks to succeed at breaking one.