Personal Injury Law
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I was hoping you be the one to answer and glad you did. Thank you for breaking it down and answer carefully to each question that I have. This car accident happened over 15 months ago. In the discovery phase, since it been so long ago, would I be personally called to witness? Also I am no Bill Gate or Donald Trump, I do have hard earned saving around 50K, a rental house with loan still on it, and a house that both my dad, husband and I own. Should I be worried? I also have 401k and IRA accounts. Are these safe? Also it seems that the other party's attorney just pull the number 4 out of a hat. Majority of medical expenses they asked for has already incurred. They only asked a small amount for future treatment. It seems outragous to ask for 3 times the medical cost for pain and suffering. Can you comment on that. And is this the same thing as punative damage?
thank you for your answer again. What does it mean that I will be "deposed" before trial? Also what does it say when initially they claim to have 28K and later back down to 18K in medical expenditures? And in referance to the insurance company had the chance to settle my claim within my policy limit, do I have any recourse if this goes to trial and I am personally liable for amount above and beyond my policy limit, though however unlikely it may be. One last thing, I like you to comment on how much of insurance would you recommend to carry in state of Texas.
I got served today. In reading the complaint, it said that county x has jurisdiction because I live in county x, so it is filed in county x court. However I live in county y. Does this make any difference in where it is filed?
This got me thinking and researching... I live in county y, accident happened in county z, but they filed in county x. Why would my attorney do a motion to dismiss versus to transfer venue? What would be the differences?
Okay... does this motion to dismiss or transfer venue happen before my attorney provide answer or as part of answer. Should I let my attorney know about this at the very start?
It been another year now and I thought this is all a bad memory. But yesterday I received a letter from my lawyer from the other lawyer to depose me next week. Now over 2 years has passed sinced the car accident. Is this common? Should I be worried? Does this mean trial is next or can settlement still happen?
Would I be a party in the settlement talk or is this one between the lawyers and the insurance company? Will this be ordered by judge or informal talks between the parties?
In the deposition that is going to happen tomorrow, I know that plaintiff lawyer will be there. Will plaintiff be there too? When will plaintiff be depose by my lawyer happen? Can you give me a idea what happens in a deposition so I know what to expect tomorrow. My lawyer will meet me at plaintiff law office half hour before to brief me.
Hi - thanks for looking me up again! Also, sorry for the delay - - I was in court this morning.
As for your questions:
1. The Plaintiff probably will be there. It's not mandatory, BUT most attorneys want their client at the deposition to listen to what the other party has to say, provide the attorney with feedback about the testimony given, etc. Thus, you should expect to see the Plaintiff there.
2. Your attorney can depose the Plaintiff any time. Usually, the Plaintiff is the first person deposed because you want to lock down his/her story and build your case around/against what the Plaintiff says. However, that's not always the case, and the Plaintiff could be deposed later than others - - but that's not usually the case. That said, you should expect your attorney to depose the Plaintiff soon.
3. Depositions are pretty informal, BUT you will have to give your testimony under oath (just as if you were in court and in the witness stand). The Plaintiff's attorney will ask you questions about the case, what you know, etc., and that's really about it.
But, you do need to listen to the questions carefully and make sure you understand what is being asked before you answer - - because you'll be hung with the answers.
My dad will go with me tomorrow, both as moral support and also as a witness to what the plainiff said right after the accident and she didn't know he is related to me before she said such things that is support for contributory neglience because she admitted she saw me coming and panicked and failed to brake her car before hitting me. The car accident happened near his house and he walked around to see how she was doing and overhead such things before coming to my aid. Will he be allowed to be part of deposition, or will what he got to say can't be used?
Your dad can go with you, but he will not be allowed into the conference room where the deposition is taking place. Only the parties, the lawyers, court reporter and witness being deposed will be allowed there.
Thus, your dad would not be deposed or allowed to testify in the deposition. However, your father can testify at trial - - even if he's not deposed.
Also, you need to speak with your attorney about disclosing your dad as a witness so he can be called at trial. It may very well be that your dad is deposed later - - but it won't be tomorrow IF there's been no deposition subpoena issued to him, or no notice of deposition has been issued to him, it won't occur tomorrow.
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