Originally from:
Personal Injury Depositions - Hardcover
Personal Injury Depositions - Electronic
Preview Page
Pers.Inj.06[A] Common Elements in Personal
Injury Depositions
Certain deposition components are common to all personal injury
cases regardless whether they involve an automobile accident, a slip
and fall, or other tort. Before undertaking a personal injury deposition,
counsel should familiarize himself with these common elements since
they will form the skeleton of any examination and can be fleshed out
with the substantive parts of the particular case. The common elements
covered in this section are:
1. Identification of Parties,
2. Background of Witness,
3. Plaintiff’s Medical History,
4. Documentary Evidence,
5. Admissions,
6. Spoliation of Evidence,
7. Examination of Expert Witnesses, and
8. Damages.
All personal injury cases will include issues of party identification,
witness background, the plaintiff’s medical history and damages. The
background of every party witness should be fully explored, specifically
his social, family and work history. The examination of every plaintiff
will involve a full inquiry into his past medical history so that his
physical and mental injury complaints can be accurately evaluated.
Damages in a personal injury case must be thoroughly covered.
The other categories also may apply. The examination of any party
should include an inquiry into whether admissions were made.
Deposing counsel should explore whether the deponent possesses
relevant documents; the forms in this section offer guidance on the
identification and handling of documents. Spoliation issues
occasionally arise in cases involving documents (e.g., the loss of
reports of similar incidents in premise defect cases) or involving other
physical evidence (e.g., the destruction of an allegedly defective
product). This section also includes forms which exemplify the
Pers.Inj.06[A] Common Elements in Personal Injury Depositions
[1]--Identification of Parties
FORM NO. 1: Identification of Corporate Structure
--Examination of Defendant concerning
Corporate Interrelationships
FORM NO. 2: Identification of Corporate Structure
--Examination of Defendant concerning Taxi
Cab Ownership
FORM NO. 2A: Successor Corporation--Examination of
Corporate Representative
FORM NO. 2B: The Alter Ego of a Corporation
("Piercing the Corporate Veil")
[2]--Background of Witness
FORM NO. 3: Development of Witness's Background
[3]--Plaintiff's Medical History
[a]--Generally
[b]--Relationship of Discovery and Injury Claimed
[c]--Conduct of the Deposition
[d]--Use of Prior Claimed Injury
[e]--Examination of Defendant by Plaintiff's Counsel
FORM NO. 4: Examination of Plaintiff concerning
Medical History
FORM NO. 5: Examination of Plaintiff concerning Alleged
Aggravation of Illness
John Nichols is a 1964 graduate of Rice University and a 1967 graduate from the University of Houston College of Law. His legal career has been dedicated to trial work, with special emphasis on family law, personal injury law, and general civil trial litigation. He holds certifications from the Texas Board of Legal Specialization in Family Law, Personal Injury Law and Civil Trial Law.
Mr. Nichols is also certified by the National Board of Trial Advocacy in Civil Trial Law and has been honored by several national publications, including the "Best Lawyers in America," for his work. In 2003, his peers named him one of Texas' "Super Lawyers," signifying his standing as among the best in the legal profession. He has published over 100 articles and given more than 150 lectures and seminars on topics relating to family law, torts, juries, trial preparation, ethics, professional responsibility, fraud, business litigation, and more. With Joe Phillips, he authors the treatise Family Law Depositions, also published by Juris,
Joe Phillips graduated in 1984 from the University of California-Berkeley's School of Law (Boalt Hall). He also holds a Master's Degree from the University of Chicago. His legal practice has focused on litigation and involved family law, complex product liability cases, class actions, constitutional law, commercial law, insurance bad faith claims, consumer protection law, and maritime/aviation law. He has authored law review and continuing legal education articles and an extensive book chapter on tort liability. With John Nichols, he authors the treatise Family Law Depositions, also published by Juris. He currently teaches a general law course at the university level.
