[ramonesfreak]

i assume you have sustained a serious injury and that is why you have filed this lawsuit?

some friendly advice, not legal advice. first, hire a lawyer.

i spent about 15 years cross examining witnesses such as yourself as well as representing people such as yourself. my goal was to flush out the facts both about what happened regarding the event that caused the injury, as well as the details involving the injury, resulting treatment and physical injury and potential for future financial damages and pain/suffering

By carefully questioning you, i could advise my client how to proceed based on not only the facts as you present them, but on your attitude as a witness...quite simply, will a jury like you or think your a deceptive malingerer. by "proceed" i mean...should this case be settled asap and if so, for how much and why should it not be heard by a jury...or perhaps make a motion for summary judgement

the more serious the injury, the less work i have to do. if your leg has a metal rod in it...i really dont have to ask you a hundred questions about your discomfort...its pretty obvious. Same thing with the facts of what happened. If an independent witness saw a guy go through a red light and t-bone you....i dont have to spend all day trying to see if you contradict your story because its pretty obvious your being honest....some car accidents can be very complicated and require a thourough questioning of you...dont be offended

be aware of what your medical records say...the attorney has read every word of them. always assume the lawyer already knows the answer to the question he is asking...in other words, if you told your doctor you have been lifting weights since the accident and the lawyer asks if you have been lifting weights...its a safe bet he read it in the medical records and is testing your honesty. NEVER LIE UNDER OATH

just be nice, cooperative, friendly and honest and it is never helpful to minimize your injury or pain when your talking about it no matter how tough you are. your deposition is likely your one shot at the apple, your one opportunity to tell your story to the only person in the case with the real power to resolve it. you are not on trial and no decent lawyer would treat you as though you are on trial so dont act like you are with your attitude, body language, voice etc...make the lawyer like you and want to help you. even though his duty is to his client, his impressions of you will have a large influence on the case and the adjuster etc..

your not represented? what will you do when its time to depose the defendant?

I have handled many depositions in new york state. all of them were similar in that they were in a small conference room or office with a court reported present taking everything down that is said. the person that you believe caused the accident should be there to hear what you say (do not make nasty comments to this person), witnesses are sworn in and the lawyer will usually tell you that you are free to ask that a question be rephrased or repeated, you are free to take a break, you are free to say you dont understand....if you answer incorrectly because you didnt understand, the transcript will reflect what was said....you can not answer questions with physical gestures like knodding your head for yes or saying, "ummm hummm" for yes etc...speak clearly so the court reporter can get it down accurately. I could go on and on but your in Canada and for all i know a depo takes place in a court room up there. i have no idea and you get the idea

as for having representation at this stage, well there may be some questions that need objecting to...will you know how and why to object? typically the plaintiff will not have many reasons to object unless the defense lawyer brings up something that is way off topic and not relevant like a mention of past drug use in a medical record or something

there are some lawyers who come across as though they are pointing the finger at you...these lawyers are typically young and ignorant both in law and real life experience and generally have a skeptical attitude about everyone and everything. there's one in every office and typically everyone dislikes them. ignore it. most of us are not that way at all