What defense counsel will ask you

The following questions are commonly asked by defense counsel on cross-examination of the plaintiff at a deposition. This list of questions is structured on the basis of a defense attorney deposing the injured party regarding his or her injuries. These questions may also be used for deposing any lay witness who has knowledge of the bodily injury damages, objective or subjective, suffered by the plaintiff.

1. PERSONAL BACKGROUND

  • What are all names you have ever used?
  • What are your present and past residences for the last 10 years? If you have rented a residence, what is the name and address of landlord?
  • What is your Social Security number?
  • Please provide your complete marital history.
  • Have you ever served in the military?
    • When?
    • Where?
    • What was your rank and military occupation?
    • What is your military serial number?
    • What type of discharge?
    • Were you ever hospitalized in the military (and when, where, and what for)?
  • What medical provider(s) were paid by your insurer?
  • What are the name(s) and address(es) of your medical insurer(s)?
    • What are the ID number(s)?
    • What medical insurer(s) have any lien(s) in this case?
  • Have you ever made a claim for personal injury?
  • Have you ever been a party to a lawsuit?
  • Have you ever received disability benefits?
  • Have you applied for life or accident insurance since the accident?
  • Have you ever applied for worker’s compensation or received it?
  • Have you ever applied for unemployment compensation or received it?
  • Have you ever been convicted of any criminal offense?
  • What is your birth date?
  • What is your school and education history?
  • Please provide the complete history of your children:
    • Name(s)?
    • Age(s)?
    • Are they living in your home?
    • Address(es)?

2. REMEDIAL INFORMATION

  • What was your employment before the accident?
    • When was it?
    • What were your position and duties?
    • What wages did you received?
    • When did you quit and why?
  • What was your employment at injury date and since then?
    • What is your employer’s name and city?
    • What is your position and duties?
    • Exactly what physical work is done?
    • Has there been any change in work or position since the accident?
    • Have you had any time lost from work?
  • Is a loss of income claimed?
  • Has your income gone up or down since being injured? Please explain movements of income up or down.
  • Who prepares your income tax returns?
  • Were you in school when injured?
    • Did you lose any time?
    • Did your injury affect your participation in athletics, dancing and social activities?
  • Are there any special damages?
    • Medical and hospital?
    • Services rendered by others?
    • Property damage?
    • Anything else not covered?

3. MEDICAL HISTORY

  • Did you have any bodily defects before the accident?
    • When was your last exam before accident?
    • Who is your family doctor?
    • Do you have any disabilities?
    • What was the condition of each area of your body before you were injured in the incident?
  • Have you had any previous incidents causing injuries, with medical treatment?
    • When and what were the circumstances?
    • What were the injuries?
    • How was your recovery?
    • What doctors did you see; what hospitals did you go to?
    • Did you have a suit or claim as a result of the previous accident?
  • Did you have a previous serious sickness or disease before the incident?
    • What was it?
    • When?
    • Where?
    • Who was involved?
    • Who were your treating doctors?
    • What were the injuries?
    • How was your recovery?
  • Have you had any other incident or injury after the incident in question?
    • What was it?
    • When?
    • Where?
    • Who involved?
    • Who were your treating doctors?
    • What were the injuries?
    • How was your recovery?
  • Have you had any other sickness or disease after the incident
    • What?
    • When?
    • Where?
    • Who involved?
    • Who were your treating doctors?
    • What was the effect of sickness and recovery?

4. THE INCIDENT

  • How did you leave the scene of the incident? And with whom did you leave?
  • What force was applied that caused your injuries and where was it applied?
  • What injuries did you receive as a result of the incident?
  • What portions of your body were not injured?
  • Are those all of the injuries you received from this incident?
  • What problems did you have from [each listed injury]?”
  • Have you recovered from each injury?
  • What are your present complaints and disabilities?

5. TREATMENT AFTER INCIDENT

  • For your first doctor:
    • Who suggested seeing this doctor?
    • How many and what first-visit complaints were made to this doctor?
    • What treatment was given or prescribed by this doctor on first visit?
    • How many and what complaints were made to this doctor on later visit(s)?
    • What treatment was given or prescribed by this doctor on later visit(s)?
  • For each other doctor:
    • When did you first see this doctor?
    • Who suggested seeing this doctor?
    • How many and what first-visit complaints were made to this doctor?
    • What treatment was given or prescribed by this doctor on first visit?
    • What treatment was given or prescribed by this doctor on later visit(s)?
  • Did you go to the ER or have any urgent care treatment?
  • What was your first hospital admission?
    • When were you admitted?
    • What was done in the hospital?
    • What was your condition on discharge?
  • Were you later hospitalized?
    • When admitted?
    • What was done in the hospital?
    • What was your condition on discharge?
  • Did you have any casts, bandages, technical aids for sleep or to avoid pain, or other appliances?
  • Were you ever confined to your bed or home?
    • When?
    • How long?
    • Why?

6. ACTIVITIES BEFORE INJURY

  • Vehicle activities:
    • Did you drive your own vehicle?
    • Did you maintain or repair vehicles in your household?
  • Home activities: Did you do any of the following:
    • Cooking?
    • Sweeping and dusting?
    • Making beds?
    • Laundry?
    • Shopping?
    • Outdoor landscaping or gardening?
    • Building repairs?
  • Social activities: Did you do any of the following:
    • Dancing?
    • Going to clubs?
    • Attending dinners or luncheons?
  • Did you do any church activities?
  • Did you do any sports activities?
    • Did you play?
    • Did you watch other than by TV?
  • What were your vacation and trip activities?
    • To where?
    • What?
    • When?
    • What were your activities during the trip or vacation?

7. ACTIVITIES SINCE INJURY

  • Vehicle activities: Since the accident:
    • Do you drive your own vehicle?
    • Do you maintain or repair vehicles in the household?
  • Home activities: Do you do any of the following activities since the accident:
    • Cooking?
    • Sweeping and dusting?
    • Making beds?
    • Laundry?
    • Shopping?
    • Outdoor landscaping or gardening?
    • Building repairs?
  • Social activities: Do you do any of the following activities since the accident:
    • Go dancing?
    • Go to clubs?
    • Attend dinners or luncheons?
  • Do you do any church activities since the accident?
  • Do you do any sports activities since the accident?
    • Do you play?
    • Do you watch other than by TV?
  • Do you do any vacation and trip activities since the accident?
    • To where?
    • What?
    • When?
    • What are your activities during the trip or vacation?

FREE case EVALUATION