Law-Forums.org

[deangelo51]

One of the party's in the accident is suing myself and the other driver. I have a deposition Monday and will not answer any questions pertaining to my Personal injuries, medical, treatments etc. Can I take the 5th? I do not want to state anything as far as my injuries due to I do not know what my personal injury lawyer has filed for. Help!!!! I hate that this is going on and is a 100% fraud case. I just don't want anyone to say well you papers filed said this and you said that so you lied!

[parnell]

you should seriously talk to your attorney first and ensure that he or she will be present at your deposition to protect your rights and your case.

[motega]

you should seriously talk to your attorney first and ensure that he or she will be present at your deposition to protect your rights and your case.

[ring]

No, you can't take the 5th. The 5th Amendment protects a person against self-incrimination, that is, you do not have to answer a question that will "incriminate" you. So, unless you are guilty of a crime and by answering a question asked by the attorney, you would reveal your criminal activity, then you MUST answer the questions. If you refuse to answer, the attorney who scheduled the deposition can request a hearing before the judge in the case and the judge can order you to appear for deposition and answer the questions asked.