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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34525
Experience:  16 yrs. of trial experience
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My sisters who are 72 and years of age were injured when an

Customer Question

My sisters who are 72 and 69 years of age were injured when an elevator threw them from the elevator causing head injuries and other body injuries. They were knocked out. Finally, when fire and rescue arrived, they were taken by ambulance to our local ER. My sisters sued the elevator company, the hotel where the one sister lived, and others. Then came time for depositions from the attorneys for the hotel and others. They questioned my 69 year old sister for seven (7) hours. They brought up her past to include her mental illness records, her visits to doctors, er's etc. as well as her time when homeless and living on the streets. She and may other sister, who was questioned for 2 1/2 hours were retraumatized by reliving that day over and over by their supposed legal questioning.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Has anything been filed or reported?
Customer: Both sisters had their own attorneys, who, as far as I am concerned, did nothing to defend them from these kind of interrogations. I don't think it was ethical treatment of my sisters.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I am asking these questions without their prompting or knowledge.
Submitted: 9 months ago.
Category: Legal
Expert:  P. Simmons replied 9 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 9 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this? Are you asking if such questions are permitted in depositions?

Customer: replied 9 months ago.
Expert:  P. Simmons replied 9 months ago.

Thank you

The purpose of depositions is to allow "discovery"...this is to allow both sides of the case to gather information in preparation for trial. It is not uncommon for depositions to be lengthy (in some cases they can last for days)

The questions you are listing all would be "fair game" for a deposition.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that depositions do not allow such questions but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 9 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding