You decided to bring a lawsuit.
You're trying to obtain compensation from the people who were careless and caused you injury.
You know that during the course of your civil lawsuit here in New York, you have to show up for a question and answer session in your lawyer's office. That's known as a deposition.
It's really pretrial testimony.
It carries the same exact weight as if you are testifying at trial.
The only difference is that there is no judge present and there is no jury present.
You will be questioned by the defense attorney about what happened to you, what problems you had in the past, what problems you have now and what medical treatment you received and will need in the future.
This pretrial questioning will last for many hours and could even take place over multiple days.
Many injured victims do not have any clear memory of the details of the medical treatment they received shortly after they were injured.
That's perfectly understandable.
In anticipation of being asked questions by the defense lawyer, they want to refresh their memory by reviewing their medical records.
They want to make sure they know every thing that the attorney could possibly ask them. There is an inherent fear that they will look silly or foolish if they don't know an answer to a question posed by the defense lawyer.
The reality is that an injured victim is not expected to know all the details of their medical care and treatment. That's why there are medical records. The defense has access to and has already received copies of all of your medical records.
They will know what is contained in those records.
Some injured victims want to review those medical records prior to giving testimony.
You should know that if you review any records relating to your case in preparation for your question and answer session with the defense lawyer, the defense attorney is entitled to read, see and review whatever records you used to prepare.
That means he could request whatever records you have looked at and ask you to return another day to continue questioning you.
