Dorchester Center, MA asked in Car Accidents and Personal Injury for Massachusetts

Q: Is a deposition necessary when a party is accepting liability in a car accident?

2 Lawyer Answers
James A.  Swartz
James A. Swartz
Answered
  • Personal Injury Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Presumably, the nature and extent of your damages (injuries) remain contested. Therefore, at a minimum, counsel for the defendant will want to ask questions about your medical care, treatment, diagnosis, prognosis. Also, some details of how the incident occurred, and resulting vehicle damage, arguably have a bearing on the extent of injuries claimed.

Kenneth I. Kolpan agrees with this answer

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Massachusetts

A: The Defendant will always depose a plaintiff on the issue of injuries. Plaintiffs attorney may take a deposition if the defendant hasn't said in a pleading they do not contest the liability. Note the Plaintiffs attorney may want to take a deposition if the defendant is contesting what caused the injuries.

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