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.

What is an IME?

“IME” stands for (Independent Medical Examination). Our office, however, does not call these exams IME’s for a simple reason, an IME indicates that it’s independent, however, in most cases, the doctor who is examining you at the IME is far from independent. They have either been hired by an insurance company or a law firm to defend against or mitigate the action you have brought for your injuries.

In our office, we refer to them as DME’s (Defendant Medical Examinations). Whether it’s a car accident, an injury on the job, a workers compensation accident, a construction accident or any type of personal injury, you may be required to attend medical examinations with either the insurance companies doctors and/or the defence attorneys doctors. It’s important to note that these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

It’s crucial that you have an experienced personal injury attorney that is experienced in dealing with these types of medical examinations so that they can give you the advice, direction and guidance you need and educate you as to:

  • What the process involves?
  • What you need to do?
  • What you don’t need to do?
  • What to expect?

We tell all our clients to be prompt for the appointment, being late may result in the office refusing to see you and marking that appointment as a “no-show” which can affect your benefits. Even though some insurance doctors are over-booked and you may have to wait a considerable time before seeing the doctor, be on time and be patient.

Why is it important to attend these exams?

 If you were injured in a car accident or truck accident, hit as a pedestrian or bicyclist, for example, you will be entitled to no-fault insurance coverage, which includes up to and including $50,000 worth of coverage for medical treatment, out of pocket expenses and time out of work. In order for the insurance company to continue to pay that coverage, they may require that you attend an exam with their doctors. If you fail to appear for that medical exam on two consecutive occasions, the insurance company will terminate your benefits and may refuse to pay for all of your medical treatment, leaving those bills for you to deal with. It’s important to note that generally, the insurance companies will reschedule these exams if it’s requested on time and for a valid reason and this is not counted as a no-show. It’s these nuances and pieces of information that makes it crucial for you to seek out an experienced and knowledgeable personal injury attorney.

If it’s a workers compensation case, where for example, you were injured at work in a construction accident or in a factory or store and you are receiving workers compensation benefits for your medical treatment and time out of work, in order to continue receiving those Worker’s Compensation benefits, you will be required to attend these medical exams with the Worker’s Compensation insurance companies doctor.

Finally, if a personal injury lawsuit is started and filed in the Court for your injuries, part of that process requires that you attend a medical exam or exams with doctors hired by the Defendant(s) involved. Those doctors will examine you and then provide a report related to the examination. As mentioned above, these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

If you’ve been injured in an accident, you need an experienced Personal Injury Attorney to guide you along the right path. Contact the Law Offices of Darren T Moore for a free consultation to discuss if you have a case – call us free at 917-809-7014.

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

The Law Offices of Darren T. Moore PC Has Been Nominated and Accepted as a 2020 AIOPIA’S 10 Best Law Firm in New York For Client Satisfaction

The American Institute of Personal Injury Attorneys has recognized the exceptional performance of New York’s Personal Injury Law Firm, Law Offices of Darren T. Moore PC as 2020 10 Best Personal Injury Law Firm for Client Satisfaction.

The American Institute of Personal Injury Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Personal Injury attorneys in each state. Attorneys who are selected to the “10 Best” list must pass AIOPIA’s rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIOPIA’s independent evaluation. AIOPIA’s annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOPIA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Personal Injury law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.

We congratulate the Law Offices of Darren T. Moore PC on this achievement and we are honored to have their firm listed as a 2020 AIOPIA 10 Best.

You can contact Law Offices of Darren T. Moore PC directly at 917-809-7014.