Articles Posted in Litigation Process

I was in a car accident in Springfield, Tennessee.  I was hurt but I am not sure that I want to get involved in a lawsuit because I don’t want to give a deposition.  I really don’t understand what a deposition is but my friend said she had to give a deposition and that it was bad.  What is a deposition anyway? 

A deposition is testimony given by a the person bring a lawsuit (the plaintiff) or the person who was sued (the defendant) or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. 

A deposition is usually taken in the office of one of the lawyers involved in the case, although I have taken depositions in conference rooms, motel rooms and, one time, a bar.  

I am involved in a lawsuit and I had to answer interrogatories.  How do lawyers use interrogatories at trial?

Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit.  For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

How are answers used at trial?   Assume for example that you were served with an interrogatory that asked if you were aware of any witness to the car wreck involved in the case.  Assume that you said in answer to the interrogatory that  you were not aware of any witnesses, but then attempted to call an eyewitness at trial.  Unless the opposing party had knowledge of the eyewitness by some other means, the trial judge may well exclude the eyewitness from testifying at trial because you did not include the name and address of the eyewitness in your interrogatory answers.  

I am a truck driver  with a big trucking company in Clarksville, Tennessee.  I hurt my back unloading a truck.  The doctor says that I need an MRI but my boss says they are too expensive.  Does my employer have to pay for the MRI? 

If the company doctor says you need a particular test or treatment, you are almost certainly entitled to it.  Employers are obligated to pay all reasonable medical care for employees who are hurt on the job. It will be very hard to argue that he doctor selected by your employer to care for you has unreasonably suggested that you need a MRI.

An experienced worker’s compensation attorney can help you get the medical care you deserve and, if you have a long-term problem as a result of your injury, help you receive benefits for permanent partial disability. 

I have read this stuff about Herman Cain and the claims of sexual harassment against him.  I also heard that there was a confidentiality agreement as part of the settlement with the woman or women.  What is a confidentiality agreement?

A confidentiality agreement is a part of some settlement agreements in some types of civil litigation.  Typically, confidentiality agreements prohibit the parties from discussing the terms of the settlement with any one other than attorneys and financial advisors.  Confidentiality agreements may also include anti-disparagement provisions, which means that each of the parties to the agreement are prohibited from saying disparaging things about the other parties.  It is not uncommon for these agreements to provide that the parties are cannot talk about the facts giving rise to suit, the lawsuit itself, or the terms of the settlement, but can say that "the case was settled on terms mutually acceptable to all concerned" or words to that effect.

Confidentiality agreements are common in settlements of medical malpractice cases, products liability cases, employment cases, and very large personal injury and wrongful death cases.  They are used in other types of cases as well.