What is a Deposition?

Deposition lawyer

A deposition is an examination that is held under oath in relation to the case you are involved in. If you bring a lawsuit because you’ve been injured in a personal injury accident, car accident, construction accident, premises accident for example, one of the stages of bringing that lawsuit will likely include appearing for a deposition. If you are being sued in an action as a Defendant, you will also likely have to appear for a deposition.

When we say an exam, it’s not an exam to test you in any way but it’s simply a process where the other side get to ask questions of you about yourself, your accident and your injuries. We tell everyone of our clients, it’s not a guessing game, its simply an exercise in finding out the information that you have related to your case. The purpose of a deposition is to find out what information that particular witness has and to allow all parties find out the essential facts of the case before going to trial.

Our firm deals with depositions in personal injury actions on a daily basis. For personal injury actions, we always prepare our clients in advance of the deposition and inform them as to why they are doing a deposition and what the deposition entails. We inform them that they will be questioned about their background because this is a personal injury action, and they’re entitled to get to know a little bit about you. In the same token, we are entitled to ask background questions of the Defendant(s) witnesses to get to know about them also. In addition, they will ask you questions about your accident, how it occurred, when it occurred and the details surrounding the accident. They will then ask you questions about your injuries, your medical treatment, and how the injuries from the accident have affected your life.

Where does the Deposition take place? Do I need to appear before a judge?

In order to bring personal injury lawsuit, a deposition is one of the most fundamentally important stages of that lawsuit. It is crucial that you have an experienced personal injury attorney on your side to prepare you and educate you so that you feel comfortable and prepared before undergoing the deposition.

Most depositions take place in a reporting office, you sit around the table with your attorney and the attorneys for the other side sit across the table and between the two sides, a court reporter or stenographer as they are called will transcribe what is said during the deposition. Since Covid 19 entered our lives, most if not all of our depositions have been conducted remotely over zoom which is very convenient for all sides involved and also allows the witness to feel more comfortable, some do it from the comfort of their own home, some come to their attorney’s offices.

It’s important to note that being questioned in a deposition is the same as being questioned in court because you are under oath, swearing to tell the truth so it’s important that you are truthful and prepared for your deposition.

If you’ve been injured in an accident, a car accident, a construction accident, slip and fall or a trip and fall accident, call the Law Offices of Darren T Moore P.C for a free consultation at 917-809-7014 and speak to our experienced personal injury attorneys who will guide you and direct you along the right path in relation to the steps that need to be taken to protect your interests.

How long do I have to bring a lawsuit in New York?

In New York, if you’re involved in a personal injury accident and sustain injury, the time limit that you have to bring your case will depend on who the defendant is. If the defendant is a municipal entity for example, like the city of New York, the New York City Transit Authority, the time limit is shorter and you have to file a notice of claim within 90 days of your accident and you’ve to start your lawsuit within one year and 90 days of the accident date. This applies not only to personal injury actions but also to medical malpractice claims involving municipal hospitals and medical providers.

If your injury action involves a private entity, a private person or corporation, you have three (3) years to file a lawsuit from the date of your accident.

If the action involves medical malpractice, the deadline is two years and 6 months from the date of the malpractice, or from the last treatment where there is continuous treatment of the same illness, injury or condition.

If your action involves wrongful death as a result of negligence and or malpractice, the time limit is two (2) years,

Where you bring a claim for the “intentional infliction of emotional distress” the time limit is one (1) year.

For the “negligent infliction of emotional distress” it’s three (3) years.

If your case involves product liability like a defective product for example, the time limitation is also three (3) years.

What about other actions?

For other actions in New York, different time limitations apply and will depend on the type of action you are bringing. Actions for Libel/Slander/Assault and Battery all have one (1) year time limitations.

In New York, breach of contract actions must be filed within six (6) years of the alleged breach.

Debt collection actions also have a six (6) year limitation.

Each case has its own set of facts and differs regarding who’s involved and what time limitations may apply. It is crucially important to reach out to an experienced personal injury attorney to discuss your case and find out what limitations apply and what must be done to protect your interests.If you’ve been involved in a personal injury accident or suffered malpractice or have someone belonging to you, such as a family member or relative who has died as a result of an injury or malpractice, contact the Law Offices of Darren T Moore P.C for a free consultation and speak to our Personal Injury Attorneys in relation to your action.

Call us free at  The Law office of Darren T Moore on 917-809-7014

Premises Liability Accidents

Slip and fall and trip and fall accidents.   

Premises accidents are very common in New York and each year countless people are injured because of dangerous and defective conditions on or about properties within New York. Whether it involves someone tripping and falling or slipping and falling as a result of a dangerous, defective condition, such incidents can cause serious, permanent injuries including fractures, injuries requiring surgery and traumatic brain injuries (TBI). 

Some examples of premises accidents are; 

As we head into the winter season, the weather conditions get colder, the snow and ice arrive and with that bring its own problems for pedestrians here in New York. Each year in New York, we experience a number of snowstorms and each storm leaves dangerous, slippery and icy conditions on the sidewalks in New York City that, when not cleaned up or not cleaned up correctly can leave the area dangerous for pedestrians to walk across. 

We often have clients who come to us after tripping and falling over a sidewalk flag that is mis-levelled, cracked or in disrepair in front of commercial premises and this defect caused their accident and subsequent serious injuries. 

 Injury caused to a person by a dangerous condition on or within a property that has been left unrepaired.  

Since we founded our firm at the Law Offices of Darren T Moore, our New York City premises liability lawyers have been fighting to protect the rights of people injured, in all types of premises accidents including, slip and fall and/or a trip and fall accidents. If you’ve been injured due to an unsafe, neglected or dangerous condition on a property or in front of a property for example on a sidewalk, you need to consult the premises liability attorneys at the Law Offices of Darren T Moore.  

Business owners, lessees and owners of commercial premises have a duty to the people who are lawfully present within their premises to maintain their property in a reasonably safe condition. Private property owners may also be held legally responsible for personal injuries, which occur on their premises or property.  

Even though premises liability accidents cases may seem straightforward, New York law favours the premises owner when it comes to these accidents and just because someone trips and/or slips and falls in a premises accident and is injured, doesn’t necessarily mean they are entitled to compensation. The injured person must prove that the property owner (i) caused or created the dangerous defective unsafe condition or (ii) that they actually knew about the condition or (iii) that the condition was present for a long enough time period for the owner to become aware of it.  

Those are the essential facts that must be proven in a premises accident liability case. For those reasons, you must consult a premises liability attorney familiar with the laws related to premises liability cases and a premises liability attorney familiar with dealing with slip and fall and/or trip and fall accidents. If you hire an attorney, that attorney will usually investigate the accident, which may include an inspection of the premises and condition that caused the accident, sending an investigator to get pictures and measurements of the condition or defect and securing all available evidence as quickly and as promptly as possible. Your premises liability attorney may also consultant and retain experts such as engineers or architects to inspect and provide expert opinion for your case. 

New York premises liability attorneys at the Law Offices of Darren T Moore promise to aggressively fight and help you and your family obtain “Moore Justice” for your injuries. If you have been injured due to the negligence of another, please contact our firm to discuss your case.

Our Motto is “MOORE JUSTICE” and we seek that in every case retained by our firm.

Call us today at (917)809-7014 for a free consultation.