How to Prepare for a Deposition in Workers' Comp

[@kylesanderson3598]

Does every case have a Deposition ? I’m asking because I’m 21 months in & still haven’t had one

[@Pacificworkers]

Not every case will have a deposition. It depends on whether the insurance adjuster feels the need to have you questioned under oath. If so, they will retain a defense attorney to do it. Usually depositions occur when there is a factual or legal dispute that would bar the case. Alternatively, if the adjuster has reason to believe there are underlying conditions or previous injuries, then the adjuster will want to get more details to possibly alleviate their liability.

[@PuertoRicanGreenEyes]

I wanted to Ask a person that Has a TBI and memory loss medical issue is forced to do a deposition? Even with trying to prepare a person as much possible it’s not going to be successful. My question is cant that person have protection? Or have rights? I mean yes they must do what the law requires of them but as a spouse of a person that has suffered a TBI with memory loss and under so much medication unable to answer the simplest questions or be confused of what is asked of them. I feel it’s unfair and the attorney should let the other side ATTORNEY aware of the memory loss wether it’s short term or long term memory loss. I wish for clients with certain conditions deposition should be more to the level of their mental state.

[@Pacificworkers]

Great question. He definitely has a right to take his deposition but there could be a protective order that breaks the depo up into various days if it is too difficult for the him to sit and answer questions for more than a specified period of time. Now this Deposition could both help and hurt his case. It should help more than hurt because it is a direct look at how his TBI affects him, as long as he is believable. It could hurt if he is not believed and cannot remember critical facts, but that would have to be weighed in the larger context of his overall testimony at the depo. Hope this helps! We'd be more than happy to take a look at your case and provide you with a Free consultation 800 606 6999.