California Wrongful Death Case - Discovery; Depositions

3. Alternative Questions.
Alternative questions are frequently asked, like "Was the road wet or dry." The question assumes one or the other fact but it may be in between. Questions like "was it hot or cold" denies all other alternatives and frequently misleads the witness.

4. Time, speed, distance questions.
Accurate estimates are rarely made of time, speed and distance concerning incidents that happen almost simotaneourly, as in most accidents.. Your estimates must be reasonable and if it is rough estimate say so. If you can't make an estimate, say so.

Inaccurate estimates can be used against you very effectively, so be very careful.

WHO HAVE YOU TALKED TO ABOUT YOUR CASE?
Do not be defensive and guarded if you are asked who you have talked to about your case. It is perfectly natural and proper to have discussed your case with your Northern / Southern California wrongful death attorney, family and similar people.

PREVIOUS WRITTEN OR RECORDED STATEMENT
If you have previously given a written or oral recorded statement about how you were injured to the other side, you can expect to be questioned about it.

SKETCHING A DIAGRAM OF THE SCENE OF THE COLLISION
You may be asked to draw a diagram of a collision or other scene. It will be helpful to have visited the scene provided it isn't too distant from your home to orient yourself and refresh your memory on details and distances. Again, inaccurate diagrams can be used against you very effectively, so be careful.

OBJECTIONS TO DEPOSITION QUESTIONS
Never ask your lawyer during the deposition "Do I have to answer that question." If the question is objectionable (which normally happens only a few times in a deposition), your attorney will object without your having to ask. If you are concerned about answering a question, pause as if you are thinking of the answer. This will give your attorney time to object.

QUESTIONS BY YOUR ATTORNEY
In most cases your Northern / Southern California wrongful death attorney will ask you no questions. If erroneous information or impressions have been given during your testimony, he may decide to correct the record, but that is about the only reason for such questions by him.