Sometimes a claimant will be questioned by the insurance company lawyer in a deposition. A deposition is a less formal proceeding than a full hearing. In depositions, the insurance company is trying to find out what happened. While the defense lawyer is usually fairly friendly, do not be fooled. The insurance company lawyer or employer lawyer is trying to find some fault in the claimant’s case that can help the defense.
The people present at a claimant deposition are the claimant, the claimant’s lawyer, the defense lawyer and the court reporter. Occasionally, a representative of the employer and/or the insurance company may be present.
The lawyer for the employer or insurance company will usually ask questions about the following items:
- Your personal background. These questions are about your age, where you live, what your education is, your work history, your family history and other background information.
- Prior events. The defense lawyer will ask if you had any prior accidents or prior injuries, did you see doctors or hospitals for those injuries and other questions to try to show your pain is not really related to the work accident.
- How the accident occurred. Keep in mind that liability is not an issue in worker’s compensation cases. Here, the defense lawyer is really trying to determine what injuries you suffered, whether they were caused by the accident, and if contested, whether or not your case falls into the definition of an ‘injury by accident’.
- Medical treatment. The defense lawyer will ask you about each doctor you saw, how often you saw the doctor and what treatments you took. The defense attorney will also ask about your medications, any physical therapy and medical devices you use.
- Your limitations. The attorney may conclude by asking about your current status. Do you have any physical or emotional limitations? If so what are the limitations?
Experienced North Carolina Lawyer Joe Miller Understands Pain Management for Injured Workers
Injured North Carolina workers need an attorney who knows more than the law. They need someone who has the hands-on practical experience to guide the worker through all stages of a worker’s compensation claim – including how to properly prepare for your deposition. Joe Miller always schedules deposition preparation with his clients so that they know exactly what to expect and how best to respond truthfully to the questions of the defense lawyer. Get the experienced you need. Contact Lawyer Joe Miller today at 888-694-1671 for an appointment or complete my online form.
