Things You Might Not Know About Litigating Your Injury Claim

Most people injured in a crash or other traumatic incident expect to deal with medical treatment, insurance calls, and repair bills. What many do not expect is how much personal information must be disclosed once a case enters litigation. At Harriman Law, we believe clients should understand these requirements early so they feel prepared, supported, and never caught off‑guard.

This guide explains several parts of the litigation process that often surprise injured people, including depositions, disclosure obligations, and how far defense attorneys can go when gathering information.

You Will Likely Need to Give a Deposition Under Oath

A deposition is a formal question‑and‑answer session where you testify under oath in front of a court reporter. The defense attorney will ask hundreds of questions about the crash, your injuries, your medical history, and your daily life. Although your attorney will be at your side, the process can feel uncomfortable and stressful if you’re not prepared.

Depositions typically occur in a conference room or over Zoom but they carry the same legal force as testimony at trial. Everything you say is recorded, transcribed, and used by the defense to evaluate your credibility and trial readiness.

At Harriman Law, we prepare clients thoroughly so there are no surprises. You will understand the types of questions asked, how to handle difficult topics, and the best way to remain calm under pressure.

You Must Disclose Prior Injuries and Prior Claims

Many clients are surprised to learn that the defense is entitled to know about:

• Previous injuries, even if unrelated to the current crash;
• Old workers’ compensation claims;
• Prior car accidents;
• Sports injuries, slip‑and‑falls, or prior medical conditions.

Defense attorneys argue that prior injuries may affect damages or causation. California law requires transparency during discovery, and attempts to hide or minimize prior injuries can harm your case.

Your job is to be truthful; our job is to explain why your current injuries are distinct, aggravated, or unrelated. Complete disclosure allows us to prepare the strongest arguments and avoid surprises that could damage your credibility later.

You Must Disclose Whether You Consumed Alcohol, Cannabis, Drugs, or Medication in the 24 Hours Before the Crash

Another area that surprises clients is the requirement to disclose any use of:

• Alcohol;
• Cannabis (including edibles);
• Recreational drugs;
• Prescription medication—even if taken as directed.

Defense attorneys routinely ask about consumption during the 24 hours before the crash. Their goal is simple: they want to explore whether impairment contributed to the incident. Even if you had a single drink at dinner or took prescribed medication for a legitimate condition, the defense will probe this in detail.

Honesty is essential. We help clients contextualize this information so it is not misused or exaggerated by the insurance company.

The Defense Can Depose Your Supervisors and Coworkers

Many people don’t realize the extent of the defense’s investigative rights. If you make a claim for lost wages, diminished earning capacity, or job‑related limitations, the defense can:

• Depose your supervisor;
• Depose your manager or HR representative;
• Request employment records;
• Ask about your performance, attendance, and physical limitations at work.

This can feel invasive, but it is a standard part of litigation. Our firm explains this process upfront and works with clients to prepare for potential employment‑related discovery.

Why This Matters

Litigation is not just about proving that you were injured, it is about demonstrating credibility, transparency, and consistency. The defense’s job is to minimize or deny your claim. Our job is to protect you, prepare you, and present the truth in a clear and compelling way.

How Harriman Law Supports You Throughout the Litigation Process

At Harriman Law, we guide clients through every step with the preparation and advocacy needed to withstand aggressive defense tactics. We help by:

• Preparing you thoroughly for your deposition;
• Organizing and contextualizing prior injuries and claims;
• Ensuring required disclosures do not undermine your case;
• Managing employer‑related discovery and preparing supervisors for testimony;
• Building a consistent, evidence‑based narrative of how the crash impacted your life.

If you have been injured in a collision or other incident, you deserve an attorney who understands both the legal and personal challenges of the litigation process. Harriman Law represents injured individuals throughout Oakland, San Francisco, Hayward, Walnut Creek, Dublin, Pleasanton, Redwood City, and the wider Bay Area.

For a free consultation, contact Harriman Law at (415) 625‑3564 or visit www.harriman.law to speak with an experienced Bay Area personal injury lawyer.