Deposition Day

Today I had the deposition for my ankle lawsuit. I realized that despite sharing my tale of woe so many times, it’s really difficult to remember all the details from almost three years ago – I remember some and not others.

The insurance company attorney was your typical asshole lawyer. He started pushing me on why I hadn’t made more follow-up appointments for my ankle and I said, “Do you have any idea how difficult it is to get an appointment with a specialist?”

“As a matter of fact, I do,” he said haughtily.

I probably should have added “when you don’t have a secretary and a wife organizing the rest of your life and you’re worried about the $50 co-pay for each office visit” – not to mention the fact that I wasn’t getting much actual help from anyone in the medical profession for the pain and lack of function.

In fact, it got really funny after awhile. Whenever I would say that I didn’t do something because of the cost, he’d sneer and say, “And YET, you spend $60 A WEEK going to a ‘massage therapist.'”

And I’d say, “Yes, because he’s the only thing that’s given me any relief from the pain.”

“And YET, you couldn’t join a Y or something to work OUT and lose WEIGHT,” he’d say, sneering again.

“It’s several hundred dollars to join the Y,” I said.

“And you couldn’t put the money ASIDE to DO something,” he’d say. “Yet you paid $60 a WEEK to see a MASSAGE therapist.”

He tried to make it sound like I was lying in a dark room getting a spa treatment with hot stones and aromatherapy. Let me tell you, these treatments often hurt like hell. The therapist is literally breaking down and stretching out contracted muscles, and poking into trigger points, and it ain’t easy. Sometimes I can barely get off the table.

Anyway, after a while, it got boring. I mean, the fact is, I fell out of the truck and his client is responsible. He can dance around waving chicken bones and scream in my face to scare me, but that doesn’t change the facts.

He even asked me why I didn’t hang onto the truck’s grab bar as I was falling. I was a little pissed at having to answer such an obviously stupid question and said, “Because of the laws of physics.”

He repeated the question. I said again that it was the laws of physics – the weight of my body pulled me to the ground. (Asshole.)

I know they’re supposed to act like assholes to push your buttons and get you to say things they can use against you, but really, I believe I have the moral high ground here and I found the entire procedure to be infuriating.

After all, I’M the one who usually gets to ask the questions.

6 thoughts on “Deposition Day

  1. Depo’s are such fun. Good luck with the case. my wife and I have one that is going on for over 9 years.

  2. You’re a brilliant person. You KNOW the questions before he asks them. You are the story. Own the story. Emotion is what corporate hacks seek to capitalize on. Rob them of the emotion and you control the story.

  3. Funny with my total detestion of lawyers and absolutely no beliefs in the “system” I could have straighted out his thing by dropping by his office with six Hells Angels and a question,” Will you recognize him later?” I found that very effective in my last contact with “lawyers.”

  4. Our justice system does not always recognize what is right and true, alas.

    A friend of mine had just picked up her little Datsun s40 Z from the repair shop, pulled out onto the street, and was stopped at a red light. A guy in a pickup truck was checking out a young girl in a short skirt and drove right into the rear end of her stopped car . At a red light. She had him dead to rights, right?

    She got whiplash, back problems, and arm, elbow, and shoulder problems. At times, some kind of nerve damage would leave her unable to control her hands and writsts. They would curl up, making her drop whatever she was holding. It was awful.

    Well, his insurance company did not want to pay out anything for lost days of work, so…the games began. At one point they played Big Health Insurance Company on her, finding some long ago note taken by a doctor she barely remembered seeing much less that visit. But the note was about a possible back problem.

    Well, of course, they said she’d been lying about being injured from the rear end collision. Of her little red car by a big ol’ pickup truck. With her stopped at a red light and the other driver, like, not seeing the light or slowing (except to ogle longer?).

    She was put through hell — and eventually got less than their original offer after the lawyer’s percentage. And it took years, as it seems your situation is taking. I hope you come out lots better.

    Best wishes and good luck.

  5. Next time, just ASSUME the defendant attorney is going to be a belligerent, bellicose, MF (it’s his JOB – and he likes it – and yes, his wife at home hates his guts)…if he’s not a MF, then you get to be pleasantly surprised…otherwise, you’re prepared.

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