California Wrongful Death Case - Discovery; Depositions

Q. Have you ever been convicted of a felony?
A. No, but I have been convicted of a misdemeanor. (You should have answered "No.")

Q. Did you drink alcohol within 6 hours before the accident?
A. No, but I was heavily under the influence of prescription drugs. (You should have answered "No.")

Q. Did you have any back problems before the accident? (You should have answered "No.")
A. No, but I did see a doctor about problems with my knee. (You should have answered "No.")

Q. Did you personally discuss the accident with anyone?
A. Well, I discussed the accident with my Southern / Northern California wrongful death attorney, my husband, and my son. Someone did mail me a letter saying that they were a witness to the accident but I didn't discuss the matter with them. (You should have answered "My husband and my son).

Q. You are claiming future a loss of society comfort and affection in your wrongful death case. Did you get along well with the decedent?
A. Yes, but I hadn't talked to him for ten years.

Q. Have you ever received a bachelors' degree from any college?
A. No, but I did receive an AA degree from a junior college. (You should have answered "No." This would probably be a harmless answer but it merely illustrates the point that you should not volunteer information. You have been asked if you have received a bachelor's degree from any college. Your appropriate answer to that question would be "No". If you volunteer that you received an AA degree from a junior college, this only provides a further avenue for the attorney to pursue questioning of you. Many times by harmlessly volunteering information you will ultimately damage your case because the attorney will continue with further questioning on the basis of information that has been volunteered).

Please listen to the attorney's question and answer it directly and truthfully. If you are able to answer the question yes or no, always answer the question in that fashion. For instance, if the attorney asks you if the decedent was treated by any doctor as a result of the accident you would not say "Yes, Dr. Smith, Dr. Jones, and Dr. Hardwood". You would merely answer, "Yes". If he wants to pursue the question further, he will ask you which physicians treated the decedent. Normally, the shorter and more precise your answer the better.