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C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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I am invloved with a slip and fall case that occured over

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I am invloved with a slip and fall case that occured over 4 years ago. I asked my attorney if we should meet before the upcoming deposition to discuss the facts of the inceidnet. I explained that it has been over 4 years, and some of the facts are vague at best. He told me not to worry about it. Should I be concerned?
Submitted: 5 years ago.
Category: Legal
Expert:  C.Fortunato replied 5 years ago.

Hi Customer,

Your attorney will have time to go over everything on the day of the deposition. If your attorney told you to not worry about it, you should feel good about that. Also, keep in mind that all parties involved realize that it has been 4 years, facts are always less clear after that amount of time, and this will be taken into account on the day of the deposition.

Thank you!

C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience: Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
C.Fortunato and 6 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
I hear you. Now for the rest of the story. The deposition already took place. There was no meeting, just advice to state what I remembered and say I don't remember if needed. The defense tore apart anything that was not consistent, and found so many discrepancies with my version of the facts that my case now seems like a losing battle. What can I do? I said one thing on the interogatories that I completed 2+ years ago, and then said something else as I forgot what I had stated and had little time to think. For example, I stated that I entered the bldg thru the middle door, when there were only 2 doors at each entrance. What I meant is that there were 3 sets of doors, and I entered thru the middle set of doors. It seemed like somewhere, I should have been prepared to answer these in-depth questions. I also completed an accident report right after I fell, but it has never been produced by the defendant. Am I getting the support I should be?
Expert:  C.Fortunato replied 5 years ago.

What you are saying is very common, and you should not be too concerned about apparent inconsistencies between recollections that happened 4 years ago, and those that are happening now.

What happened in the deposition is not your only chance to present your testimony. A copy of the deposition will presented to your attorney, who will ask you go go over it. You can make changes and explanations at time. Also, if this case goes to trial, you can explain things at that time.

In summary, as long as you can provide valid reasons for any discrepancies, they should be resolved in your favor.

Thank you!

Customer: replied 5 years ago.
One more question...What about the actual accident report that I had filled out immediately after the incident and never have seen again? In fact, I filled this out while lying on the ground...hard to believe I know. Their attorney said that this is hard to believe, but it did in fact happened...please advise as should this be requested as evidence of the event.
Expert:  C.Fortunato replied 5 years ago.

Of course, it is up to your attorney, but it looks like that report should have more weight than anything that was said at the disposition! If the report favors you, the other side will probably try to keep it out of evidence, but you should be able to get it into evidence.

Thank you!

Customer: replied 5 years ago.
I told this to the attorney, but he stated that they (the defense ) does not have to submit this original form. I could see why they wouldn't but why can't they be ordered to produce the form?
Expert:  C.Fortunato replied 5 years ago.

As far as I know, they would not be ordered to produce the form if, and only if, it is possible to get a copy elsewhere. If no other copy exists, or if it is not possible to get a copy elsewhere, the general rule is that the party with the copy or the original has to produce it.

Thank you!

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