Depositions in Mental/Emotional Injury Cases

When it comes to lawsuits that are based on a person’s mental and emotional injuries, you should be aware that the depositions given by injured parties are extremely important. This is true because, as any experienced personal injury lawyer will tell you, photos and other types of evidence won’t do much to prove the true nature of an individual’s mental and emotional suffering. That said, the deposition will really be the heart of the discovery process in emotional and mental injury cases; and depending on what’s revealed during the deposition, it can mean the difference between you winning or losing the case.

It is crucial that plaintiffs (the injured parties) understand and appreciate the value of their depositions, particularly if their case is based on mental and emotional injuries. It will be the defense’s job to demonstrate that your claimed condition is nonexistent, or if it does exist, it’s not as bad as claimed. Accordingly, those who will evaluate your credibility (insurance adjusters, the doctors who work for the defense, etc.) will probably be highly suspicious of your claimed injury from the start. Psychological injuries aren’t always provable by x-rays or other hard evidence; so, plaintiffs need to be prepared to be thoroughly questioned about each and every issue in the case.

As any experienced personal injury lawyer can tell you, a plaintiff’s endurance and his or her ability to handle pressure will be tested during the deposition phase because depositions in mental and emotional injury cases tend to last several days, and the defense will come prepared with stacks and stacks of information and files that will be used to test your credibility both during and after your deposition. You should also know that you will be asked, particularly in cases that involve harassment and abuse, to relive the traumatic events that brought about your mental and emotional suffering, and the perpetrator might be sitting in the same room with you while you provide this testimony. Additionally, you might be asked to provide a description of your emotional and mental injuries, and that might be very hard for you to express, even under non-stressful situations.

Given all that can take place during a deposition, having the proper preparation and assistance from an injury attorney will be the key to maintaining your credibility and proving the reality of your symptoms to the defense during the deposition process. If you have some concerns about an upcoming deposition and you believe that you would benefit from having the services of a personal injury lawyer, please call David Kashani at (323) 782-9605 for a free consultation.

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