A case of trip and fall accident on someone else’s property seems simple to prove on paper but can be tough to resolve. Before victims are asked to depose, the defendant’s lawyer sends them interrogatories and requests for documents. Typically, the lawyer tries to analyze the victim and his lawyer’s strengths and weaknesses during a deposition. If he senses the victim is weak or if the lawyer is inexperienced, he will resort to delaying, low-balling, intimidating, etc., in a bid to gain a psychological advantage.
We had published a guide on slip and fall accidents some time back, and this post is structured to help victims prepare for depositions and answer tough questions confidently and truthfully.
How Utah’s Trip and Fall Lawyers Turn on the Heat During Depositions
- If the defendant’s lawyer finds that the victim was involved in multiple accident claims in the past or has a criminal record, he is more likely to dwell upon these issues a little longer in a bid to extract more information and make the victim nervous. His tone will be more like as though the victim was largely responsible for the accident.
- The attorney wants to dig deep into how the accident occurred. He will ask questions related to every aspect of the accident. For example:
- What footwear was the victim wearing?
- What was he carrying?
- Was his attention diverted while he was walking to his destination?
- How did he slip, and where exactly?
- Which foot slipped, and which side of his body hit the ground first?
- Did the victim observe the “object” (which caused the accident) before tripping and falling?
- The defendant’s trip and fall lawyer wants to figure out if the victim missed out reading any warning signs, or whether he was negligent while approaching his destination. The lawyer will keep at it like a woodpecker. He wants the victim to get exhausted and crack.
- The next set of questions deal with the victim’s medical history and his work. The trip and fall lawyer wants to establish that the victim’s existing medical condition caused the injury or aggravated it. All sorts of questions are thrown at the victim and all his injuries are discussed even if they have no relation to the current one. Here are a few sample questions:
- Which doctor/s did the victim consult after the accident?
- What did he tell the doctor?
- What were his symptoms?
- Did the prescribed treatment relieve or reduce his pain?
- When did the victim start getting better?
- Has the victim fully recovered now?
- What activities can the victim no longer perform?
- Did the victim miss out on work, and what is the current status?
- Has the doctor suggested that the victim restrict any activity?
- How has the injury impacted the victim’s social and work life?
Depositions are tough and victims must prepare in advance, and, most importantly, they should hire an experienced trip and fall attorney who derives a large part of his revenues from personal injury cases. Working with an inexperienced lawyer or a firm that is into general practice can harm the victim’s case and deprive him of the compensation that he truly deserves.
All victims are urged to answer truthfully and to the point, while sticking to facts and avoiding handing out opinions. If you would like to know more about preparing for depositions, or if you want to discuss your case, we urge you to take advantage of our free meeting offer.
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The settlement for a slip and fall case in Utah ranges between $15,000 and $50,000 – and can go much higher if the injury is serious. For example, if the accident resulted in a TBI (Traumatic Brain Injury) or a serious injury of the spine.
Our experienced trip and fall lawyers have helped hundreds of Utah-based victims win millions of dollars in damages, and we can help you too.
Most of our cases are settled out-of-court, and our clients don’t have to worry about depositions. But if it comes to that, we help the client prepare for and ace any interview.
Our meeting is free, and places no obligations or pressure on you – and, after it is over, you will emerge as a more informed and confident litigant.
You have everything to gain and nothing to lose.
Go ahead, set up a meeting – we are just a phone call away.
