Beware of First Impressions in Personal Injury Cases

First impressions are important, but they can also be deceiving. Just as the person who appears to be shabbily dressed can be a genius with considerable wealth, so to can a personal injury accident that may appear to not provide you with any opportunity to obtain monetary damages nonetheless actually allow you to recover compensation for your injuries. In other words, just as you ought not judge a “book by its cover,” you must also be wary of concluding that you are not entitled to monetary damages based on mistaken beliefs and assumptions about personal injury cases in Orange County.

Common Misconceptions About Personal Injury Accidents in Orange County

Regardless of where we first heard these lies and misstatements of the law, believing any of the following to be true and refusing to take action because of them can seriously and negatively impact your legal rights. Beware of the following inaccuracies concerning personal injury accidents:

  • I collided with the vehicle in front of me, so I am at fault: While in a significant number of rear-end collisions the trailing vehicle is the one who is primarily responsible for causing the crash, this does not mean that the lead vehicle’s driver cannot be at fault in a rear-end collision. A lead driver who suddenly and inexplicably brakes or who brakes or turns without signaling can easily be found to be negligent and to have contributed to your injuries.
  • I did not go to the doctor right away, so my injuries are now my responsibility: It is always a good idea to obtain medical evaluation and treatment as soon as possible after a personal injury accident. However, failing to do so does not necessarily mean you cannot obtain any compensation at all. Rather, your failure to obtain timely medical treatment will be one of several circumstances a court will need to consider in determining the amount of compensation to which you are entitled.
  • The store put out a “Wet Floor” sign that I did not see, so my slip and fall is my fault: Property owners and businesses must take “reasonable steps” to protect guests and customers from dangers like wet floors. This may require a property owner to put out signs alerting others of the danger and/or promptly correct the hazard. You may still be entitled to recover after a slip and fall at a store if evidence shows the property owner failed to promptly clean up the spill.

Speak with a California Personal Injury Attorney Today

It is always advisable to speak with an Orange County personal injury law firm such as Case Barnett Law about your legal rights as opposed to making decisions and conclusions on your own. Our firm fights aggressively on behalf of our personal injury clients to help them obtain the compensation to which they are entitled. Call our firm at (949) 861-2990, or complete our online contact form today

What is a Deposition?

A deposition is one of many tools available to litigants and their attorneys in a California personal injury lawsuit. It is one of the primary methods whereby parties are able to determine what information the opposing party and/or its witnesses have concerning the subject matter of the lawsuit. Despite the frequency with which depositions are conducted, many individuals and litigants can easily be confused about the purpose and manner in which they are conducted.

When are Depositions Conducted?

Depositions are conducted as part of the general discovery process. The discovery process typically begins after your lawsuit has been filed, any response from the defendant has been received, and any initial dispositional motions have been heard and determined. In many situations, depositions are conducted near the end of the discovery process and after the attorneys involved have had the opportunity to review documents, reports, and expert opinions relevant to the subject matter of the dispute.

Can I, as a Personal Injury Plaintiff, be Deposed?

You not only can be deposed, you probably will be deposed by the opposing party’s attorney or legal team. A deposition is an opportunity for attorneys and parties to compel the opposing party to answer questions under oath. These answers can then be used to argue a motion for summary judgment or at trial to impeach you if you change your answers (for example). Because personal injury lawsuits are civil in nature, you generally do not have the right to refuse to answer questions or show up for a deposition.

If your answer to a question would tend to implicate you in criminal activity (i.e., an insurance fraud scheme), you may have the right to invoke your Fifth Amendment rights and refuse to answer. Otherwise, you will be expected to answer all of the questions asked of you truthfully and to the best of your knowledge.

Are There Limitations on How Depositions are Conducted?

Yes, although they are limited in nature. In most cases, your attorney only has limited grounds upon which to object to questions posed to you and/or badgering or unprofessional behavior by the attorney asking you questions. You may not be deposed for hours upon hours, especially without any break or opportunity to eat or use the restroom (it is a deposition, not an interrogation). You also will usually have the opportunity to look at a written transcript of your deposition and make corrections or supplements, if needed.

How Does Case Barnett Law Help Me?

If you are injured in a personal injury accident, Case Barnett Law will help you file your lawsuit and guide you through the discovery process. When you are deposed, we will help prepare you ahead of time and will be with you during the deposition to help protect your rights. Our goal is to remove as much uncertainty and fear from the civil recovery process as possible. Contact Case Barnett Law and discuss your case and the recovery process with us today: Dial (949) 861-2990 or contact us through our website.