|
Bodily Injury Deposition Checklists
This 63-page chapter from Leonard Bucklin’s Building Trial Notebooks provides deposition tips and checklists for:
To immediately
obtain the Bodily Injury Deposition Checklists pamphlet,
|
|
|
To view the first 10 pages, read below:
Bodily Injury Deposition
Checklists Spouse, parent, medical custodian,
treating doctor, defense doctor, plastic surgeon, and physical therapist Excerpted from
Building Trial Notebooks
When your case involves bodily injury, then this chapter has
the deposition checklists that you will use, time and time again, as
building blocks for your deposition outline. This chapter includes not only
depositions of the plaintiff and lay witnesses on damages, but also
depositions of medical record keepers, physicians, and other medical
professionals. §47.1 Plaintiff or
Damages Lay Witness on Bodily Injury Damages: Using the Defendant’s
Deposition Checklist The following Defendant’s Deposition Checklist for Bodily
Injury is specialized. It is written to be used for defense counsel’s
cross-examination — at a deposition. This checklist is structured on the
basis of a defense attorney deposing the injured party regarding his/her
injuries. This checklist outline can also be used for deposing any lay
witness who has knowledge of the bodily injury damages, objective or
subjective, suffered by the plaintiff. The Defendant’s Deposition Checklist for Bodily Injury
can also be used by defense counsel drafting his/her trial
cross-examination. Many counsel do so, because the comprehensive listing of
subjects serves as a checklist of items that might be discussed at trial.
However, usually, at trial, defense counsel will be selective on how much
examination there will be regarding personal injury damages. Unlike a
deposition of plaintiff, cross-examination of plaintiff at trial will focus
only on those aspects of the personal injury in which the defense can
minimize the injury. This specific form is not designed for plaintiff’s
counsel to use in deposing, or for trial testimony of, the plaintiff’s own
treating doctor. For that, see our plaintiff’s counsel’s form which is found
later in this chapter. Plaintiff’s counsel will find his/her best use of this
particular, following defense counsel’s checklist to be in preparing the
client-plaintiff for deposition damages testimony. Asking the client
plaintiff the questions on this checklist, then critiquing the answers with
the client, will help the client verbalize more adequately his/her bodily
and mental problems when defense counsel asks questions on those subjects. §47.2 Form:
Defendant’s Deposition Checklist for Bodily Injury: Deposing the Plaintiff,
or an Injury Damages Lay Witness 1. PERSONAL BACKGROUND • Get sufficient detail so that you can always have an
investigator find this person for surveillance or do a records search
regarding this person. If you are likely to have an investigator take
surveillance photos, make notes on physical description of height, weight,
color of hair, or anything else that will let an investigator identify which
of four people in a group coming out of a house would probably be this
person. All names ever used Present and past residences for 10 years • If plaintiff has rented a residence, get name and address
of landlord. Social security number Complete marital history • If there is a previous marriage, get information
sufficient to locate the past spouse. Usually a divorced spouse is quick to
tell you the flaws of character or adverse facts of the ex-spouse. Military history When Where Rank and military occupation Military serial number What type of discharge • If there is military history, ask whether ever
hospitalized in the military (and when, where, and what for). If
dishonorably discharged, get all information you can, in the hope of
obtaining records of charges. For any medical insurance coverage Medical provider(s) paid by insurer Name(s) and address(es) of medical insurer(s) ID number(s) Medical insurer(s) having any lien(s) in this case • Obtain and photocopy ID card(s). Has plaintiff ever Made claim for personal injury Been party to lawsuit Received disability benefits Applied for life or accident insurance since accident Applied for worker’s compensation or received it Applied for unemployment compensation or received it Been convicted of any criminal offense Birth date School and education history Complete history regarding children Name(s) Age(s) Living in plaintiff’s home Address(es) 2. REMEDIAL INFORMATION Employment before accident When Position and duties Wages received When quit and why Employment at injury date and since then Employer name and city Position and duties Exactly what physical work is done Any change in work or position since accident Any time lost from work Is loss of income claimed? Whatever the answer to the above, also ask Has your income gone up or down since being injured Explain movements of income up or down Who prepares your income tax returns • Obtain copies of tax returns. If plaintiff was still in school when injured Loss of time Athletics, dancing and social activities Special damages Medical and hospital Services rendered by others Property damage Anything else not covered 3. MEDICAL HISTORY Bodily defects before accident Last exam before accident Family doctor Any disability Condition of each area of body injured in the incident Previous incidents causing injuries, with medical treatment When and circumstances Injuries and recovery Doctors and hospitals Suit or claim Previous serious sickness or disease before incident What When Where Who involved Treating doctors Injuries and recoveries Any other incident or injury after the incident in question What When Where Who involved Treating doctors Injuries and recoveries Any other sickness or disease after the incident What When Where Who involved Treating doctors Effect of sickness and recovery 4. THE INCIDENT When plaintiff left the scene How With whom Plaintiff’s injuries Description of force and where applied List each injury received Eliminate portions of body not injured • Ask: “Are those all of the injuries you received from this
incident?” Objective evidence of each listed injury Subjective complaints • Ask: “What problems did you have from [each listed
injury]?” General description of the recovery from the incident now in
litigation Affirm the previous list of injuries Repeat the list of each part of body injured Recovery from each injury Present complaints and disabilities 5. TREATMENT AFTER INCIDENT • You will be getting medical records from most or all of
the medical providers. The purpose here is not to get exact dates and facts
shown in the medical records but to get the plaintiff’s version of what the
injuries are; how the plaintiff will present the injuries at trial; and any
testimony that could minimize the injuries (for later use by you at trial). First doctor Who suggested seeing this doctor All first-visit complaints made to this doctor Treatment given or prescribed by this doctor on first visit All complaints made to this doctor on later visit(s) Treatment given or prescribed by this doctor on later
visit(s) Each other doctor When first seen Who suggested seeing this doctor All first-visit complaints made to this doctor Treatment given or prescribed by this doctor on first visit Treatment given or prescribed by this doctor on later
visit(s) ER or urgent care treatment First hospital admission When admitted What done in hospital Condition on discharge Each later hospitalization When admitted What done in hospital Condition on discharge Casts, bandages, technical aids for sleep or to avoid pain,
or other appliances Ever confined to bed or home When How long Why 6. ACTIVITIES BEFORE INJURY Vehicle activities Drive own vehicle Maintain or repair vehicles in the household Home activities Cooking Sweeping and dusting Making beds Laundry Shopping Outdoor landscaping or gardening Building repairs Social activities Dancing Clubs Attending dinners or luncheons Church activities Sports activities Play Watch other than by TV Vacation and trip activities To where What When Activities during the trip or vacation 7. ACTIVITIES SINCE INJURY Vehicle activities Drive own vehicle Maintain or repair vehicles in the household Home activities Cooking Sweeping and dusting Making beds Laundry Shopping Outdoor landscaping or gardening Building repairs Social activities Dancing Clubs Attending dinners or luncheons Church activities Sports activities Play Watch other than by TV Vacation and trip activities To where What When Activities during the trip or vacation §47.3 Form
Checklist: Personal Injury Plaintiff’s Trial Testimony 1. EFFECT OF INJURY Please tell the jury the changes in your body and activities
after the injury. Compare before and after the injury. Physical impairments. Appearance (disfigurement). Physical pain. Mental anguish. Indications of discomfort and pain. Walking, posture. Other body movements. Performing job duties. Social activities. Clubs, trips, dancing, church, etc. Hobbies. Sports. 2. SUMMARY: ACTIVITIES AND BODY
MOVEMENTS Generally, how would you summarize what is different about
your activities as compared before your injury? 3. SUMMARY: MENTAL CONDITION;
PAIN AND SUFFERING Generally, how would you describe what is different about
your mental condition as compared to before your injury? 4. EFFECT OF YOUR INJURIES ON
ACTIVITIES AT HOME Are there things that you now do not get done or no longer
do? Cleaning. Driving. Cooking. Errands. Meals and eating. Yard work, gardening. House maintenance. House work. Craftsman. Repair work. Car maintenance. Other examples. Laundry. Sewing. Marketing. Child care. Children counselor. Are there restrictions on your time left available for
yourself? 5. EFFECT OF YOUR INJURIES ON
SOCIAL ACTIVITIES OUTSIDE THE HOME Church? Vacations? Dancing? Times with relatives or friends? Other? 6. LOSS OF CONSORTIUM Has loss of your normal assistance and support made a change
in your enjoyment of life or in your marriage? Companionship. Emotional support. Affection. Comfort. Assistance. Sexual relations. 7. DIVORCE Before injury, were divorce proceedings started or
contemplated? After injury, have proceedings been started or contemplated? 8. WORRIES What have you been told by doctors to watch for or expect in
the future? Has this injury caused worries for you about your future? Fear of future injuries. Fear of bad changes in condition. What are your worries caused by the injuries? 9. BEST ITEM TO END WITH What is the biggest change you have seen in yourself since
the injury? §47.4 Plaintiff
Should Use Spouse and Friends for Injury Testimony The plaintiff attorneys who usually wring the last dollar
out of the defense insurer make sure that there are depositions of the
spouse and friends of the injured plaintiff, and that those depositions
spend more time than you might expect on their descriptions of the injuries,
difficulties, and pain of the injured person. And the same is true at trial.
The spouse and multiple friends are brought in to testify about the
injuries. The two most important reasons why this technique
works are:
Place the following checklist in your trial notebook
behind the “Witness Sheet” for the first witness who will testify about the
injuries. Use it for each witness on the subject. You may want to give this
checklist to your clients to study what questions you will be exploring with
them before their depositions or the trial. It will encourage their
observation of their injuries during the months before deposition or trial,
so that they will not forget items of interest to the jury. In the following checklist, you will see “[Plaintiff]”
in lieu of the name of the injured plaintiff. In the examination of the
plaintiff’s spouse, it is important that you personalize the plaintiff, so
use his or her first name wherever “[Plaintiff]” appears in the checklist. You will see “accident” in the checklist as a neutral
generic term for the injury causing event. As the plaintiff’s lawyer,
substitute “crash” or “fire” or “fall” or whatever is the better word to
describe the incident. This checklist may be used by defendants taking the
deposition of the injured plaintiff’s spouse, to discover what evidence
there will be at trial. If you are a defense lawyer, use the term
“accident.” §47.5 Form
Checklist: Testimony of Personal Injury Plaintiff’s Spouse 1. FAMILY BACKGROUND Ages of you and [Plaintiff] now. Your occupation. [Plaintiff]’s occupation before the injury. Date of marriage. Children’s names and ages now, and if living in the home
now. 2. FIRST NOTICE OF INJURY How and when did you learn first that [Plaintiff] had
been hurt? When you first saw [Plaintiff] after the accident: What did [Plaintiff] look like? Was [Plaintiff] able to walk and use his arms and
legs and do everything he could before the accident? Did he show or express pain when you first saw him after the
accident? How did your first view of [Plaintiff] affect you? 3. TREATMENT PLAINTIFF RECEIVED Generally how much time was spent by you and [Plaintiff]
getting this treatment? Hospitalizations? Doctor visits? Physical therapy? Out-patient services? Transportation to and from medical treatments? Appliances? Medications? Medical costs of [Plaintiff]? Home nursing services: How much time did it take in the home to nurse [Plaintiff]? What did you have to do? Costs? 4. EFFECT OF INJURY Please tell the jury the changes you saw in [Plaintiff]
after the injury. (Compare before and after injury.) Physical impairments? Appearance (disfigurement)? Physical pain? Mental anguish? Indications of discomfort and pain? Walking, posture? Other body movements? Performing job duties? Social activities? Clubs, trips, dancing, church, etc.? Hobbies, sports? Did you see what effect the injury had on [Plaintiff]’s
capacity to earn money? 5. SUMMARY: ACTIVITIES AND BODY
MOVEMENTS Generally, how would you describe what is different
about [Plaintiff]’s activities as compared with before the injury? 6. SUMMARY: MENTAL CONDITION;
PAIN AND SUFFERING Generally, how would you describe what is different about [Plaintiff]’s
mental condition as compared with before the injury? 7. HAVING TO DO WORK OF
PLAINTIFF’S Did you have to do any of [Plaintiff]’s job duties,
take over driving, etc.? 8. EFFECTS OF INJURY ON SPOUSE
OR FAMILY Any reduction in lifestyle because of loss of [Plaintiff]’s
income? Any time or stress in having to take care of [Plaintiff]? Any health problems, before accident, of you or your family? 9. EFFECT OF INJURIES ON
ACTIVITIES IN HOME Were there things that did not get done or that were no
longer done by [Plaintiff]? Cleaning? Driving? Cooking? Errands? Meals? Yard work, gardening? House maintenance? House work? Craftsman? Repair work? Car maintenance? Other examples? Laundry, sewing? Marketing? Child care? Children counselor? Restrictions on your time left available for yourself. 10. EFFECT OF INJURIES ON SOCIAL ACTIVITIES
OUTSIDE THE HOME Church? Vacations? Dancing? Times with relatives or friends? Other? 11. LOSS OF CONSORTIUM Has loss of [Plaintiff]’s normal assistance and
support made a change in your enjoyment of life or in your marriage? Why? Companionship? Emotional support? Affection? Comfort? Assistance? Sexual relations? 12. DIVORCES Before injury, proceedings started or contemplated? After injury, proceedings started or contemplated? 13. WORRIES What have you been told by doctors to watch for or expect in
the future? Has this injury caused worries for either you or [Plaintiff]
for your future? Fear of future injuries. Fear of bad changes in condition. What are your worries about [Plaintiff]. 14. BEST ITEM TO END WITH (continued in pamphlet)
| |
|
To immediately
obtain the Bodily Injury Deposition Checklists pamphlet, |
|
