Depositions in Brain Injury Cases NY

Depositions play a critical role in New York brain injury litigation, yet they present unique challenges for individuals living with traumatic brain injuries. These formal question-and-answer sessions under oath can determine the outcome of your case, but cognitive symptoms like memory loss, concentration difficulties, and fatigue can make providing clear, consistent testimony particularly difficult. Understanding how New York’s deposition procedures work and how to navigate them with a brain injury can significantly impact your ability to secure fair compensation.

In New York, depositions are formally called “Examinations Before Trial” and are governed by specific rules under the Civil Practice Law and Rules (CPLR). According to the CDC, over 69,000 people die from TBI-related injuries annually, and 223,000 are hospitalized each year. These cases often involve substantial damages, making the deposition process a decisive moment in litigation. When cognitive impairments intersect with legal procedure, proper preparation with an experienced brain injury lawyer becomes essential to protect your rights and present your case effectively.

What Is a Deposition in a New York Brain Injury Case?

A deposition, formally known as an Examination Before Trial (EBT) in New York, is a legal proceeding where witnesses provide sworn testimony outside the courtroom. According to New York civil procedure rules, depositions are governed by CPLR sections 3106-3117 and related court rules that establish specific requirements for how these examinations must be conducted.

During a deposition, you sit in a conference room—typically at a law office or court reporting facility—and answer questions posed by the opposing attorney. A court reporter administers the oath and creates a verbatim transcript of everything said. Your attorney is present to protect your interests, raise objections when appropriate, and ensure the process follows legal requirements. Unlike courtroom testimony, no judge presides over the deposition, though the testimony carries the same legal weight as if you were testifying in court.

The purpose of a deposition is multifaceted. First, it allows both sides to discover what testimony you will provide at trial, eliminating surprises and helping attorneys evaluate case strengths and weaknesses. Second, it preserves your testimony in case you become unavailable for trial. Third, it creates a record that can be used to challenge inconsistent statements if your trial testimony differs from your deposition answers. For brain injury cases specifically, depositions provide the opposing side an opportunity to assess the severity of your cognitive impairments and evaluate how they might affect your credibility as a witness.

How Do Depositions Differ in Brain Injury Cases?

Brain injury depositions present distinctive challenges that don’t exist in typical personal injury cases. The very symptoms you’re seeking compensation for—memory problems, difficulty concentrating, mental fatigue, processing delays—can interfere with your ability to provide the clear, consistent testimony that depositions require.

Consider a recent Supreme Court case in Kings County, Hollman v. KSK 786 Inc. (Index No. 516953/2020), where the plaintiff alleged neurological and musculoskeletal injuries from a fallen ice machine panel at a fast-food establishment. The case demonstrates how meticulous deposition testimony, combined with expert analysis, can lead to successful outcomes even in complex brain injury claims. The plaintiff’s ability to provide consistent testimony about the accident circumstances, supplemented by medical expert depositions regarding neurological impact, proved decisive in resolving the litigation.

Cognitive impairments may cause you to struggle with recalling accident details, mixing up dates and sequences of events, or experiencing gaps in memory. As noted by brain injury litigation experts, these symptoms can complicate efforts to establish fault, requiring attorneys to supplement plaintiff testimony with objective evidence and third-party accounts. Defense attorneys are acutely aware of these vulnerabilities and may structure their questioning to exploit inconsistencies or confusion.

The medical complexity of brain injuries also sets these depositions apart. Unlike visible injuries like broken bones or lacerations, traumatic brain injuries involve intricate neurological damage that requires expert interpretation. Depositions in TBI cases frequently involve extensive questioning about medical terminology, treatment protocols, diagnostic findings, and functional limitations that can be difficult for injured plaintiffs to articulate accurately. This creates a higher reliance on expert witness depositions to explain medical concepts and translate clinical findings for legal audiences.

Additionally, the duration and intensity of questioning poses particular problems for brain injury victims. While New York law limits depositions to seven hours under 22 NYCRR § 202.20-b, even this reduced timeframe can be exhausting for someone with cognitive fatigue. Defense attorneys may intentionally schedule longer sessions or use aggressive questioning tactics designed to tire you out, increase confusion, or provoke emotional responses that undermine your credibility.

Who Gets Deposed in a Brain Injury Case?

Brain injury litigation typically involves multiple depositions beyond just the injured plaintiff. Understanding who will be deposed and why helps you prepare for the broader discovery process.

According to neuropsychological experts who regularly provide deposition testimony, expert depositions typically cover assessment methodology, test results, clinical observations, and professional conclusions regarding cognitive and emotional functioning. These experts help translate complex medical findings for legal audiences and provide objective evidence that substantiates your claims about cognitive impairments.

Family members and coworkers may also be deposed to provide third-party observations about changes in your behavior, personality, capabilities, and functioning since the injury. This testimony is particularly valuable in brain injury cases because cognitive and behavioral changes may be more apparent to others than to the injured person, and third-party corroboration helps counter defense arguments that symptoms are exaggerated or fabricated.

What Are New York’s Rules for Depositions?

New York has specific procedural rules governing depositions that both parties must follow. Understanding these requirements helps you know what to expect and ensures your rights are protected during the deposition process.

The seven-hour time limit is particularly significant for brain injury plaintiffs. This rule protects witnesses from excessive questioning that could lead to fatigue, confusion, or testimony that doesn’t accurately reflect their capabilities. However, parties can agree to extend this limit, and courts may grant additional time in complex cases where seven hours proves insufficient to cover necessary topics.

New York also follows a priority rule that generally gives defendants the right to take the first deposition. According to CPLR procedures, defendant priority applies unless special circumstances warrant a different order. This means defendants typically depose the plaintiff before the plaintiff’s attorney can depose defendants or other witnesses. This sequencing can create strategic disadvantages for plaintiffs who must testify before hearing what other witnesses say.

Objection rules under New York’s Uniform Deposition Rules restrict attorneys to objections that address privilege or admissibility issues. Your attorney cannot coach you through objections but can object to improper questions, protect privileged information, and ensure the opposing attorney doesn’t harass or intimidate you. Understanding these limitations helps you recognize when your attorney’s silence means a question is proper, even if uncomfortable, versus when an objection indicates you shouldn’t answer.

How Should Brain Injury Plaintiffs Prepare for Depositions?

Preparation is the single most important factor in delivering effective deposition testimony, especially when cognitive impairments complicate your ability to recall information and articulate experiences clearly. Working closely with your attorney well before the deposition date significantly improves outcomes.

Start by thoroughly reviewing all medical records related to your brain injury. Your attorney should provide you with copies of emergency room reports, hospital records, physician notes, neuropsychological testing results, therapy documentation, and any other medical evidence in the case file. Familiarize yourself with the terminology used to describe your injuries, treatments, and symptoms. While you don’t need to become a medical expert, understanding basic concepts helps you respond accurately to questions about your medical care.

Practice sessions with your attorney are essential. As recommended by personal injury litigation professionals, rehearsing testimony allows you to become comfortable with the questioning format and identify areas where you struggle to articulate information. Your attorney can conduct mock depositions where they play the role of the opposing counsel, asking difficult questions in an aggressive manner. The tougher your attorney is during practice, the better prepared you’ll be for the actual deposition.

Develop strategies for managing cognitive symptoms during testimony. If memory is a problem, it’s acceptable to say “I don’t remember” rather than guessing or speculating. If you need time to process questions, take a breath before answering. If fatigue becomes overwhelming, you can request breaks—the seven-hour limit doesn’t mean testimony must be continuous without rest. Discuss with your attorney whether accommodations like shorter sessions or more frequent breaks are appropriate given your specific cognitive limitations.

Create a timeline of key events before the deposition. Write down the date of the accident, major medical appointments, hospitalizations, symptoms you’ve experienced, and how your daily functioning has changed. Having this information organized helps refresh your memory and provides a reference framework for answering chronological questions. While you typically cannot bring notes to reference during testimony, preparing them helps cement information in your memory.

Focus on honesty and accuracy above all else. If you don’t know an answer, say so. If you’re uncertain about dates or details, acknowledge the uncertainty rather than guessing. Admitting memory problems related to your brain injury is not a weakness—it’s evidence of your injury’s impact. Defense attorneys may try to portray memory gaps as dishonesty, but consistent acknowledgment of cognitive limitations, supported by medical documentation, actually strengthens credibility.

What Are Common Deposition Mistakes to Avoid?

Understanding common pitfalls helps you avoid errors that could damage your case. These mistakes occur frequently in depositions, but they’re preventable with proper preparation and awareness.

Volunteering unnecessary information is perhaps the most common mistake. When asked a yes-or-no question, answer with yes or no. When asked about a specific event, don’t expand into other topics unless asked. Defense attorneys carefully structure questions to elicit precise information, and volunteering extra details may open new lines of questioning or reveal inconsistencies that wouldn’t otherwise emerge.

Guessing or speculating about facts you don’t remember is dangerous. If you’re uncertain about a date, time, distance, or detail, say so. Stating “I’m not sure” or “I don’t remember exactly” is appropriate and honest. Making your best guess may result in testimony that’s factually incorrect, and these errors will be used to challenge your credibility at trial.

Losing composure under aggressive questioning can undermine your case. Defense attorneys may use confrontational tactics, challenge your honesty, or ask questions designed to frustrate or anger you. Remaining calm and professional regardless of questioning style demonstrates credibility and prevents emotional outbursts that create negative impressions.

Providing inconsistent statements between your deposition and other evidence in the case creates serious credibility problems. Review your complaint, medical records, prior statements to investigators, and any written discovery responses before the deposition to ensure your testimony aligns with these documents. Inconsistencies between your deposition and other evidence provide ammunition for defense attorneys to argue you’re unreliable or dishonest.

Minimizing your injuries in an attempt to appear stoic or strong can backfire. Be honest about symptoms, limitations, and how the brain injury has affected your life. If you downplay problems during deposition, defendants will use that testimony to argue your injuries aren’t as severe as claimed.

Failing to disclose pre-existing conditions or prior injuries is a critical error. Defense attorneys will discover this information through medical records or background checks, and hiding pre-existing issues makes you appear dishonest. Be upfront about prior health problems—your attorney can explain how the current injury differs from or aggravated existing conditions.

What Questions Are Asked at Brain Injury Depositions?

Understanding the types of questions you’ll face helps reduce anxiety and allows you to prepare thoughtful, accurate responses. While each deposition is unique, brain injury cases typically involve several common categories of questioning.

Background questions establish who you are and your life circumstances before the injury. Expect questions about your education, employment history, hobbies, physical activities, relationships, and general health. Defense attorneys use this information to establish baseline functioning and identify pre-existing conditions that might explain some of your current symptoms.

Accident questions focus on how the injury occurred. You’ll be asked to describe in detail what happened immediately before, during, and after the incident that caused your brain injury. Defense attorneys look for inconsistencies between your deposition testimony and earlier statements, gaps in memory, or details that might suggest comparative negligence on your part.

Medical treatment questions cover every aspect of your healthcare since the injury. Expect detailed inquiries about emergency treatment, hospitalizations, physician appointments, medications, therapy sessions, diagnostic tests, treatment recommendations, and compliance with medical advice. Defense attorneys use these questions to identify gaps in treatment that might suggest injuries aren’t as severe as claimed or to argue you failed to mitigate damages by not following medical recommendations.

Symptom questions require you to describe your physical, cognitive, and emotional symptoms in detail. How has your memory changed? What concentration difficulties do you experience? Do you have headaches, dizziness, or balance problems? How has your mood or personality shifted? These questions help establish the nature and severity of your brain injury, but they also create opportunities for defense attorneys to challenge symptom validity by probing for inconsistencies or exaggerations.

Impact questions explore how the brain injury has affected your daily life, work, relationships, and future plans. Defense attorneys may ask about specific activities you can and cannot do, how much help you need with daily tasks, whether you’ve returned to work, and how your relationships with family and friends have changed. They may also request details about recreational activities, social media posts, or public appearances that seem inconsistent with claimed limitations.

Pre-existing condition questions investigate your medical, psychological, and social history before the injury. Defense attorneys look for prior head injuries, cognitive complaints, mental health treatment, substance use, learning disabilities, or other conditions that might explain current symptoms without attributing them entirely to the accident at issue in your case.

What Role Do Expert Witnesses Play in Depositions?

Expert witness depositions are critical in brain injury litigation because they provide objective, scientifically-grounded evidence that substantiates your claims about cognitive impairments and functional limitations. These depositions often carry more weight than plaintiff testimony alone, particularly when cognitive symptoms make your own testimony less consistent or clear.

Neuropsychologists are among the most important expert witnesses in brain injury cases. According to forensic neuropsychology experts, depositions typically cover the assessment process, test results, clinical observations, and professional conclusions regarding cognitive and emotional status. These experts explain how standardized testing objectively measures deficits in memory, attention, executive functioning, processing speed, and other cognitive domains affected by traumatic brain injury.

Treating physicians provide deposition testimony about diagnosis, treatment, prognosis, and causation. Neurologists can explain imaging findings, discuss the mechanism of injury, and describe how physical trauma resulted in brain damage. Rehabilitation specialists testify about therapy progress, functional improvements or plateaus, and ongoing treatment needs. Emergency physicians and paramedics may be deposed about your condition immediately after the accident, establishing baseline injury severity.

Life care planners and economists quantify future damages by calculating lifetime costs of ongoing medical care, therapy, medications, assistive devices, home modifications, and lost earning capacity. Their depositions involve detailed explanations of assumptions, methodologies, and calculations used to arrive at specific dollar figures for future damages. In a $1.2 million New York City brain injury settlement case, the life care planner’s detailed deposition testimony about future medical needs proved instrumental in achieving a favorable resolution, demonstrating how expert economic analysis substantiates long-term damage claims.

Vocational rehabilitation experts assess your ability to return to work and earning capacity given cognitive limitations. They evaluate whether you can perform your previous job, whether retraining for alternative employment is realistic, and how much income you’ll lose over your working lifetime due to the brain injury.

Expert depositions differ from lay witness depositions in important ways. Experts can offer opinions and conclusions based on their specialized knowledge, while lay witnesses generally must stick to facts they personally observed. Expert qualifications, methodology, and reasoning become subjects of detailed questioning as defense attorneys attempt to undermine credibility, challenge assumptions, or expose weaknesses in opinions. The quality of your expert witnesses and their performance during depositions can make or break your case.

How Do Cognitive Impairments Affect Deposition Testimony?

Cognitive impairments create a paradoxical situation in brain injury litigation: the symptoms you’re seeking compensation for are the same symptoms that make it difficult to prove your case through testimony. Understanding how courts and opposing counsel view these challenges helps you and your attorney develop strategies to address them effectively.

Memory problems are perhaps the most significant challenge. Brain injury victims frequently struggle to recall accident details, mix up the sequence of events, or experience gaps in memory for the period immediately before or after the injury. As noted in brain injury litigation guidance, these symptoms can complicate efforts to establish fault, requiring attorneys to supplement plaintiff testimony with objective evidence and third-party accounts.

When memory failures occur during deposition, it’s essential to acknowledge them honestly. Saying “I don’t remember” is far better than guessing, speculating, or filling gaps with information that may not be accurate. Your attorney can later present medical evidence explaining why memory problems are a legitimate symptom of your brain injury, not an indication of dishonesty or exaggeration.

Processing delays and concentration difficulties may cause you to need extra time to understand questions, formulate responses, or stay focused during lengthy questioning. These symptoms can make you appear confused, uncertain, or evasive when in reality you’re simply dealing with cognitive limitations. It’s appropriate to ask for questions to be repeated, to request clarification when something is unclear, or to pause before answering to give yourself time to process information.

Fatigue presents another significant challenge. Seven hours is a long time for anyone to maintain focus and provide careful testimony, but for brain injury victims, cognitive fatigue may set in much sooner. As the deposition progresses, you may find it increasingly difficult to concentrate, remember information, or articulate responses clearly. Defense attorneys are aware of this pattern and may intentionally structure questioning to address critical topics late in the deposition when fatigue has degraded your performance.

Credibility concerns arise when cognitive symptoms produce testimony that appears inconsistent, incomplete, or uncertain. Juries and insurance adjusters may view memory gaps or contradictory statements as evidence that you’re lying or exaggerating injuries rather than recognizing them as genuine symptoms of brain damage. This is precisely why expert witness testimony is so critical—neuropsychological testing provides objective evidence that validates cognitive complaints and explains why your testimony may reflect these limitations.

Third-party witnesses help corroborate your experience and fill gaps in your testimony. Family members, friends, and coworkers can testify about changes they’ve observed in your memory, behavior, capabilities, and functioning since the injury. Their testimony provides an external perspective that’s less vulnerable to defense challenges about credibility and helps paint a complete picture of your injury’s impact.

In one notable case, a university professor with TBI returned to work but struggled with cognitive fatigue and memory issues. While the plaintiff had difficulty articulating these challenges during deposition due to the injury itself, coworker depositions proved decisive. Witnesses testified about observing the professor tire out, take frequent breaks, lose his train of thought during lectures, and display specific memory lapses. This third-party corroboration validated the plaintiff’s claims and demonstrated the real-world impact of cognitive impairments that might otherwise have seemed subjective or exaggerated.

What Happens After the Deposition?

The deposition marks a significant milestone in your case, but it’s not the end of the discovery process. Understanding what follows helps you anticipate next steps and recognize how deposition testimony influences case trajectory.

Within days of your deposition, the court reporter will prepare a written transcript of all testimony. You typically have 60 days to review this transcript and sign it, acknowledging its accuracy. According to New York deposition procedures, you may note corrections for errors, but substantive changes to testimony can be used against you at trial. Review the transcript carefully with your attorney to ensure accuracy and identify any misstatements that need clarification.

Post-deposition discovery demands typically follow within 30 days. Attorneys use deposition testimony to identify gaps in documentation, request additional records, or seek clarification on topics that emerged during questioning. Your attorney may need to provide supplemental medical records, employment documents, or other evidence referenced during your deposition.

Settlement negotiations often intensify after depositions conclude. Both sides have now heard testimony from key witnesses, evaluated strengths and weaknesses, and assessed how parties will present at trial. As noted by New York personal injury practitioners, depositions can change case direction significantly—if a defendant admits fault or contradicts earlier statements, it could increase chances of receiving a fair settlement. For instance, in construction-related brain injury cases, when safety supervisors admit during depositions that proper fall protection wasn’t provided or that safety protocols weren’t followed, these admissions often lead to substantial settlement increases rather than protracted trial proceedings.

Summary judgment motions may be filed by either party based on deposition testimony. A defendant might argue that your testimony fails to establish necessary elements of your claim and ask the court to dismiss the case without trial. Conversely, your attorney might file for summary judgment if deposition testimony demonstrates liability so clearly that no reasonable jury could find otherwise. These motions can resolve cases entirely or narrow issues that will go to trial.

If settlement negotiations fail and summary judgment motions don’t resolve the case, both sides proceed to trial preparation. Deposition transcripts become valuable tools for developing trial strategy, preparing witnesses, and impeaching testimony if trial statements differ from deposition answers. Your deposition performance and the statements captured in the transcript will influence how your attorney presents your case at trial.

What Are Common Deposition Mistakes to Avoid?

Understanding common pitfalls helps you avoid errors that could damage your case. These mistakes occur frequently in depositions, but they’re preventable with proper preparation and awareness.

Volunteering unnecessary information is perhaps the most common mistake. When asked a yes-or-no question, answer with yes or no. When asked about a specific event, don’t expand into other topics unless asked. Defense attorneys carefully structure questions to elicit precise information, and volunteering extra details may open new lines of questioning or reveal inconsistencies that wouldn’t otherwise emerge.

Guessing or speculating about facts you don’t remember is dangerous. If you’re uncertain about a date, time, distance, or detail, say so. Stating “I’m not sure” or “I don’t remember exactly” is appropriate and honest. Making your best guess may result in testimony that’s factually incorrect, and these errors will be used to challenge your credibility at trial.

Losing composure under aggressive questioning can undermine your case. Defense attorneys may use confrontational tactics, challenge your honesty, or ask questions designed to frustrate or anger you. Remaining calm and professional regardless of questioning style demonstrates credibility and prevents emotional outbursts that create negative impressions.

Providing inconsistent statements between your deposition and other evidence in the case creates serious credibility problems. Review your complaint, medical records, prior statements to investigators, and any written discovery responses before the deposition to ensure your testimony aligns with these documents. Inconsistencies between your deposition and other evidence provide ammunition for defense attorneys to argue you’re unreliable or dishonest.

Minimizing your injuries in an attempt to appear stoic or strong can backfire. Be honest about symptoms, limitations, and how the brain injury has affected your life. If you downplay problems during deposition, defendants will use that testimony to argue your injuries aren’t as severe as claimed.

Failing to disclose pre-existing conditions or prior injuries is a critical error. Defense attorneys will discover this information through medical records or background checks, and hiding pre-existing issues makes you appear dishonest. Be upfront about prior health problems—your attorney can explain how the current injury differs from or aggravated existing conditions.

How Long Does the Deposition Process Take?

The duration of depositions in brain injury cases varies based on case complexity, number of witnesses, and legal strategy employed by both sides. Understanding typical timeframes helps you plan and prepare for this phase of litigation.

Individual depositions in New York are limited to seven hours under 22 NYCRR § 202.20-b, though this doesn’t include time for breaks, off-the-record discussions, or lunch. In practice, a seven-hour deposition typically spans a full business day. Plaintiff depositions in brain injury cases often consume most or all of the seven-hour limit because defense attorneys need to explore accident circumstances, medical treatment, symptoms, functional limitations, pre-existing conditions, and damages comprehensively.

The overall discovery phase, which includes all depositions, typically lasts several months to over a year depending on case complexity. Brain injury cases often involve numerous witnesses—the plaintiff, defendant(s), multiple medical experts, family members, coworkers, and possibly investigators or other professionals. Scheduling these depositions around everyone’s availability, expert witness schedules, and attorney calendars extends the timeline significantly.

Defendants generally exercise their priority right to depose the plaintiff first, so your deposition typically occurs early in the discovery process. After your deposition concludes, your attorney will schedule depositions of defendants, witnesses, and experts, which may continue for months as transcripts are reviewed, additional questions arise, and supplemental depositions become necessary.

Medical expert depositions require particular coordination because experts often have limited availability due to clinical responsibilities. According to expert witness professionals, neuropsychological depositions typically cover assessment methodology, test interpretation, and clinical conclusions, which can require several hours of detailed testimony about technical medical topics.

For brain injury plaintiffs specifically, the seven-hour limit provides important protection against excessive fatigue, but you should discuss with your attorney whether shorter sessions might be more appropriate given your cognitive limitations. While parties can agree to extend beyond seven hours, they can also agree to shorter sessions with the understanding that questioning may need to continue across multiple days if necessary.

Can Deposition Testimony Change the Case Outcome?

Deposition testimony frequently influences case outcomes in significant ways. The evidence developed during depositions shapes settlement negotiations, summary judgment motions, and trial strategy, making these out-of-court statements pivotal moments in litigation.

Admissions of fault during depositions can dramatically strengthen your case. If a defendant acknowledges negligent behavior, admits awareness of dangerous conditions, or concedes that their actions caused your injury, these admissions become powerful evidence that’s difficult to retract or explain away at trial. As noted by personal injury litigation experts, such admissions can significantly increase the likelihood of fair settlement offers.

For example, in workplace brain injury cases, deposition testimony from supervisors admitting inadequate safety protocols or awareness of hazardous conditions can transform case value. Similarly, in motor vehicle accidents, a defendant’s deposition admission that they were distracted or failed to observe traffic signals provides compelling evidence that often leads to favorable settlement negotiations before trial.

Contradictory statements between deposition testimony and trial testimony or other evidence create credibility problems that can sink a case. If your deposition says one thing but your trial testimony differs, opposing counsel will impeach you with the deposition transcript, forcing you to explain the inconsistency to the jury. Juries view contradictions skeptically, and significant inconsistencies may lead them to disbelieve your testimony entirely.

Strong deposition performance by expert witnesses strengthens your case substantially. When your neuropsychologist, treating physicians, and other experts provide clear, well-supported testimony that withstands aggressive cross-examination during depositions, defendants recognize the risks of proceeding to trial. Conversely, weak expert testimony that crumbles under questioning may prompt defendants to reduce settlement offers or proceed to trial confident they can win.

Settlement leverage shifts based on deposition outcomes. If depositions reveal significant weaknesses in the defendant’s case—witnesses who can’t remember key facts, inconsistent statements, or damaging admissions—your attorney gains negotiating power to demand higher settlements. If your own deposition goes poorly, defendants may reduce offers or refuse to settle, calculating that a jury will view you as less credible.

Summary judgment motions filed after depositions can resolve cases entirely. If deposition testimony demonstrates that no genuine dispute of material fact exists and one party is entitled to judgment as a matter of law, courts may grant summary judgment and end the case without trial. For plaintiffs, this typically requires showing that defendant liability is so clear that no reasonable jury could find otherwise. For defendants, it requires showing that plaintiff testimony fails to establish necessary elements of the claim.

Trial strategy adjustments flow from deposition discoveries. Attorneys use deposition transcripts to identify which witnesses will be most effective at trial, which topics to emphasize or avoid, and how to structure their presentation to the jury. Your deposition performance helps your attorney gauge how you’ll come across to jurors and whether modifications to trial strategy are needed to present your case most effectively.

Protecting Your Rights During Brain Injury Depositions

Depositions represent critical junctures in New York brain injury litigation where cases can be won, lost, or positioned for favorable settlement. The intersection of legal procedure and cognitive impairment creates unique challenges that require careful preparation, strategic thinking, and experienced legal representation to navigate successfully.

Understanding New York’s deposition rules under the CPLR, recognizing how brain injury symptoms affect testimony, and preparing thoroughly with your attorney significantly improve your chances of delivering effective testimony that advances your case rather than undermining it. These procedural rules, established by New York State courts through the Uniform Civil Rules, provide critical protections including the seven-hour limit, 20-day notice requirement, and objection standards that exist to ensure fairness throughout the discovery process.

Expert witness testimony provides essential corroboration for cognitive complaints that might otherwise be dismissed as exaggeration or malingering. Neuropsychological testing, physician testimony, and third-party observations create an evidentiary framework that validates your experience and compensates for limitations in your own testimony caused by the very injuries you’re seeking compensation for.

According to CDC data, over 55 percent of individuals with moderate or severe brain injury are still unable to return to work two years after the event, and lifetime costs of TBI care can exceed three million dollars. Research published by the National Center for Biotechnology Information confirms that traumatic brain injury represents a major public health challenge with lasting cognitive consequences that significantly impact litigation proceedings. These statistics underscore the high stakes of brain injury litigation and the importance of protecting your rights throughout the deposition process. Your testimony and the evidence developed during discovery directly impact your ability to secure the compensation necessary to cover a lifetime of medical care, lost earnings, and diminished quality of life.