Deposition Outline for Plaintiff in Auto Accident Case

INTRODUCTION:
Self, under oath, need verbal response, advise if don’t understand a question
Taking any medications, under influence of alcohol

PERSONAL:
Name (known by any other names, alias)
Date of Birth
Social Security Number

ADDRESSES:
Current address
- How long at said address
- Who lives with you
Address of time of accident
- Who lived with you at that time
- Did anyone else living with you have a motor vehicle
- If so, was it insured
- by whom
- Who pays the bills (rent, light, electric, water, etc.)
- Were the other occupants of the house employed at the time of the accident
- if so, with whom
Prior addresses-same questions as above

MARRIAGE:
When, where and how long
- Children of the marriage
_ Spouse employed
- know anything about the accident, if so, what
Prior marriages-same questions as above

CHILDREN:
Name, current address, address at time of accident, age, marital status
Employment
Know anything about the accident, if so, what

GRANDCHILDREN:
Same as above

EDUCATION:
Last grade completed
College/Graduate courses
Technical training
Degrees earned
Professional associations, if applicable

MILITARY SERVICE:
Branch & rank
Job duties
Kind of discharge
Seen by V.A. doctors

SOCIAL LIFE:
Church affiliations-position with church-pastor-close friends
Clubs-position held-close friends (names, address, work place)
Activities-what kind-how often-other participants
Hobbies, pastimes, sports-same as above
Did you participate in sports before the accident
–If so, what kind of sports
–How often
–Where do you play
–Names and addresses of other participants or team members
–Tournaments or trophies won
–When was the last time you participated in such sports
–Effect of injuries on participation in said sports

EMPLOYMENT HISTORY:
Most recent job:
-Position, duties
-Date hired, date left, if applicable
-Salary, raises, promotions
-Supervisor – presently, at the time of the accident
-Co-workers – names, addresses, their position, length known them

TERMINATION/Reason – give names, addresses of supervisors and whether person still there
Limitations of work – before accident, after
Use of sick leave for this accident
Job held at time of accident; Same questions as above
Prior jobs: Same questions as above

PRIOR ACCIDENTS:
AUTOMOBILE ACCIDENTS:
When, where and parties involved
Description of how accident occurred
Who was at fault–any tickets issues
Vehicle-owner, insurer, damage, currently own said vehicle
Injuries: -to you
-to passengers/your vehicle
-to other driver, passengers/his vehicle
Doctors-names, addresses, type of physicians
Limitations sustained after the accident
-if so, for how long
-have your complaints and limitations since resolved themselves
Any psychological treatment as a result of that accident
-if so, with what doctor, type of treatment and for how long
Complaints-still under doctor’s care-reoccurring symptoms
Diagnosis–permanency rating given
Medications prescribed: by whom; why; dosage; duration; Currently taking the medication-if so, duration/termination of dosage
Consult an attorney-who, when, result
Compensation received-how much, when, from whom
Any other accidents–same questions

WORKERS’ COMPENSATION CLAIM:
When, where, benefits received/still receiving
With whom did you file
-at work
-with the workers’ compensation carrier
Case agent, name and address
File number or claim number, if known
Still receiving benefits

OTHER NON-MV RELATED ACCIDENTS: (i.e., broken bones, slip and falls, etc.)
When, where
Description of how accident occurred
Job related injury: if so, file workers’ compensation claim-
same questions as above
Injuries received
Doctors-same questions as above
Medications prescribed: same questions as above
Consult an attorney-same questions as above
Compensation received-same questions as above

PRIOR VIOLENT CRIMES:
Ever been a victim of
Any injuries as a result
-what
-where treated, doctor
-medications
-residual effects
Details of violent crimes
-when, where, what agency investigated
-case prosecuted
-any restitution ordered/paid
-judges name
-case number
-sentence of criminal defendant

PRIOR MEDICAL HISTORY:
Family Doctor(s): Name, address, how long, previous family doctors
Prior Medical Illness:
-When
-Describe, length of illness
-Doctors seen, still under doctor’s care
-Reoccurring, symptoms or limitations or restrictions
-ANY OTHER ILLNESS
How Medical Bills Were Paid
-workers’ compensation claim-benefits received
PRIOR SURGERIES:
-Hospital, Surgeon’s name, type of operation
-Length of stay in the hospital
-Date of surgery
-Follow-up care, still under doctor’s care,
-Reoccurring symptoms, medicines prescribed
-Limitations or restrictions as a result of said surgery
-ANY OTHER SURGERIES
-if so, same questions as above
Payment of Medical Bills, Lawsuits, Workers’ Compensation Claim
Did you retain an attorney to represent you in that case
-if so, what is the name of the attorney

LIMITATIONS BEFORE THE ACCIDENT:
Describe limitations and origin of limitations
Effect on Lifestyle
Medications prescribed-same questions as in prior accident section
Allergies: Cause of allergy, limitations of lifestyle, medications prescribed

DRIVER’S LICENSE:
Were you driving at the time of the accident
May I see your Driver’s License,
Place number on the record
Make copy of license and attach as an exhibit
Was your license valid at the time of the accident
What type of license did you have
Any restrictions
Has your license ever been suspended or revoked
If so, When
How many times
For what reason
Any other driving ticket or offenses
If so, When
What type of offense or ticket
Disposition (i.e., went to court, result; pay fine; go to school, when, where)

IF DRIVER, INSURANCE INFORMATION ON HIS VEHICLE:
Company name, agent, type of insurance
Payments by the insurance company

ACCIDENT:
Day, date, time
Weather conditions
Traffic conditions
DRIVING CONDITIONS-windows up or down, radio or tape player on, talking with passengers, any other possible distractions
Familiarity with route
Vehicle-describe, driver/passenger,
-Insurer
-Prior mechanical problems, brakes/lights/signals operational
-Safety equipment, et SIDE MIRRORS, existence and use of that equipment
What role that equipment had during accident
Passenger(s):
-in your car-name(s), age, address, date of birth
-how long have you known them, in what capacity
-when first met up with the passengers on the date of the accident
-what everyone did before accident
-ANY DRINKING INVOLVED, if so
-what did you drink, beer or liquor or both
-how many
-time began drinking
-time ended drinking
–what did the other people who went with you h ave to drink
–list their name and address
–were those people with you the entire time
–other people who were present during the above times that were not involved in the MVA
–where did you go drinking, name and address of the bar
–have you been there before
–name of bartender, waitress or other service personnel at the bar
–have the above people seen you or waited on you before
–have the above people seen you or waited on you since the accident
–when was the last time you saw them
–did you see friends at the bar or people you knew
-if so, their name and address
-did you go to any other drinking establishments after you left
-where did you go after you left
-what route did you take
-who drove
-where located in the car
-were they wearing seatbelts, statements of passengers, etc.
-seen them since the MVA, what discussion about the accident, injuries, etc
SEATBELT-operational, type of belt worn (i.e., lap strap or shoulder harness)
-who was wearing one
-type of seatbelts worn by passenger
Other Vehicles involved in the accident-describe vehicle, name of insurer
-Driver(s)/passenger(s)-names, addresses, any other pertinent information
-Location of other vehicles throughout incident

DESCRIBE HOW THE ACCIDENT OCCURRED:
Location, road conditions, any construction underway,
How often did you travel said road
Direction of your travel, direction of adverse driver(s) travel
Physical description of area-location of lights; stop signs; cross walks; sidewalks
ANYTHING THAT WOULD OBSTRUCT ANY PARTIES’ VIEW
DRAW A DIAGRAM. ATTACH TO DEPOSITION AS EXHIBIT
Describe accident, location of other vehicle
Any efforts made by other parties to avoid MVA
Did you see the driver of the other vehicle
–if so, describe the driver
(male/female, race, hair color, eye color, etc.)
have you seen the driver since
Did the driver say anything to you
What was the physical condition of the driver – coherent,
awake, under the influence, etc.
What was the mental condition of the driver –eg aggressive, combative, cooperative, etc.
POINT OF IMPACT
Skid marks, other evidences of accident
Resting places of the vehicles involved
Debris on the road after accident
how vehicles removed from the scene
Witnesses-name, address, work, any other information
Police: when arrived, name and address of officers
Statements made, written report
–what did you tell them
–what did the other parties, witnesses, etc. to the accident tell them
TICKETS-any issued-to whom, for what; disposition of ticket, citing officer(s)
Witnesses: name, address, employment, statements given
(if so, to whom),
-content of statement, place where witness was located
-what they saw

Injuries: describe seating position
Location of injuries (head, neck, shoulder, legs, etc.)
Origin of injuries (objects you struck); extent of injuries (bleeding, broken bones)
Injuries to others-same questions as above

Rescue- who called, arrival time, anyone transported-to what hospital, blood drawn
Anyone else taken to the hospital

Statements:
Person’s name and address, when made/to whom; contents of statement(s), witness(es)
People you’ve spoken with regarding this accident;
content of discussion
Damage to vehicles-when, where
Extent of damages, vehicle(s) operational after accident
Photos taken of the vehicle(s)-if so, when, where, by whom

MEDICAL TREATMENT:
When, for what complaints
Doctor(s);
Name, address, type of physician, date(s) seen, frequency and length of care
Who referred you to that doctor
Type of care given
Diagnosis – medications, physical therapy – surgery, if so, when, why, results of surgery;
Permanency rating given–our understanding of permanency
Limitations given by Doctor if any
LAST TIME SAW DOCTOR
ANY INTENT TO RETURN
Referrals to other physicians
Supportive Devices–BOTH before and after the accident
Type of device use (e.g., wheelchair, crutches, cane, etc.)
Length used device
Last time used such device
If currently using one of the devices, how often
Tests:
Type, when performed
Prescribed by whom
Location where administered, procedure, name of person who conducted the tests
Results, who “read” (interpreted) the results
Physical Therapy
Who recommended it
Where administered, name of therapist
Describe activities engaged in, frequency of attendance
Still undergoing PT
Medications-same questions as above
Surgery/Hospitalizations
-any future surgeries recommended
-length of surgery, cost of surgery
-success of surgery,

LAST DATE OF MEDICAL TREATMENT:
Any intentions of returning to see a physician, if so
–Which physician
–Date of next visit
PSYCHIATRIC/PSYCHOLOGICAL TREATMENT:
For what
Who recommended
Doctors or psychiatrists seen, how referred to that person
Treatment prescribe
-frequency and length treatment
-diagnostic tests given
-other tests given, describe, who administered it
-results (or your understanding of results)
Last visit
Cost of treatment
Referral to other doctors, etc.
Any intentions to obtain further treatment

LIMITATIONS:
In your movement–On your activities and daily live
Any improvement since the accident

DAMAGES:
Property damage
Medical expenses- incurred, outstanding and unpaid, insurance liens, surgical costs
Insurance-company name, policy limits, type of coverage, PIP exhausted, MPC exhausted
UM coverage, bills submitted but unpaid
Wages-past lost wages, estimate of future lost wages, sick leave
Lawsuit: Attorney consulted-name, address, date of initial consultation

SUBSEQUENT ACCIDENTS:
Same Questions As Prior Accidents

VACATIONS OR TRIPS OUT OF TOWN IN THE LAST FEW YEARS:

PHYSICAL DATA:
Height, weight-before accident, after accident, present
Smoking habit-how many packs a day, length of habit
Alcohol-how often; drinking day of accident, if so, how much; ever had treatment or rehabilitation
Prior Arrests-when, where, for what, adjudication imposed, sentence imposed
-Felony Convictions
-How many times
-For what
-When–month, year
-What city, town, county and state
-Convictions involving dishonesty, e.g., petty theft, perjury–both are misdemeanors
-How many times
-For what
-When–month, year
-What city, town, county and state
-Arrests/Pending charges – discovery and am entitled to ask Qs which may lead to relevant information — if continue to object, certify the question