California Personal Injury Blog

Every attorney has the right to protect his client from unfair questions by objecting. However, in Orange County personal injury cases, defense attorneys have been known to use objections in an abusive manner, using them to prevent personal injury attorneys from properly taking a deposition.

Preventing such abuses of the legal system is relatively straightforward for an experienced Orange County personal injury attorney. The attorney will meet with the defense attorney before the deposition and agree that any objections due to competency relevancy or the materiality of the question will not be waived if the attorney fails to make it during the actual deposition. There will be some objections that the defense attorney can only make during the deposition (including objections about foundation), but other objections can be entered after the fact. This arrangement will alleviate some of the defense attorney’s urge to object at every opportunity, and deprive abusive objectors of the justification behind their frequent objections.

If such an arrangement is not possible, or if the defense attorney is still objecting in a malicious manner, the personal injury attorney may need to take more direct action. He may remind the defense attorney of exactly how frequent the objections have been, then state that he will remind the court that the defense attorney has waived no objections. Such a reassurance is a means for the experienced Orange County personal injury attorney to reprimand the defense attorney in a professional manner.

Make sure you have an experienced Orange County personal injury attorney who can recognize such abusive tactics. Contact personal injury attorney Samer Habbas today by calling 888-848-5084 for a free initial consultation.

Defense attorneys often use certain abusive tactics during depositions that you might want to be aware of. A knowledgeable Irvine personal injury attorney will know how to deal with them.

One such tactic occurs when the defendant (the person who caused your injuries) is being deposed by your personal injury attorney. Whenever your attorney reaches an important question, the defense counsel will instruct the defendant to answer “if you know” or “only if you understand the question or know the answer.” The defendant takes the hint to say that he or she does not know or does not understand. Your attorney might respond with the following:

“Mr. [Attorney], throughout this deposition, you have instructed your client to answer “if he knows” several times. I believe I made clear in my opening instructions that the defendant should answer only if he knows, and that my questions presuppose that. If you have an objection to the form of the question, please object, but I ask that you stop coaching your witness, or I will adjourn this deposition and move for a protective order, as well as sanctions.”

If the defense counsel continues to obviously coach the witness, your Irvine personal injury attorney may be forced to apply to the court for sanctions under Federal or State Rule 30(d) or 37. This is an unusual move, and plaintiff’s attorneys rarely have to use it, but most attorneys will refrain from such abusive tactics if they think it is a possibility.

If you have any questions about how to prepare for a deposition, contact experienced Irvine personal injury attorney Samer Habbas at 888-848-5084 for a free initial consultation.

When sitting for your deposition in your personal injury lawsuit, it is common to feel nervous or intimidated about having to answer so many questions in an official setting. An experienced Irvine personal injury attorney can help prepare you for your deposition. Here are some general pointers on how to make a good impression:

You will most likely be asked about any prior injuries you have sustained. It is ok to describe them, and if you don’t remember any, state that to the best of your knowledge you have not had any.

You should be able to give a recollection of your actual injuries, how they occurred, how they have progressed, how much pain you have experienced, and how they have limited you in your daily life. You might want to write some of these details down before your deposition to refresh your memory, but you will not be able to use your writing during the deposition.

Compile a list of all doctors and other medical professionals who have treated you for injuries. Put it in chronological order to better organize your testimony.

You may be asked to testify about income you have lost as a result of your injuries. Do not exaggerate these figures under any circumstances. Your Irvine personal injury attorney will discuss what to say to that question beforehand.

If you have more questions about how to prepare for your deposition, contact dedicated Irvine personal injury attorney Samer Habbas at 888-848-5084 for a free initial consultation.