If I’m Suing A Business For Causing My Injury, Who Speaks On Its Behalf?

by Friedman & Ranzenhofer, PC on July 25, 2012

in Buffalo Injury Questions and Answers

Most of the discussions between the parties in any Buffalo personal injury lawsuit take place between the attorneys, and it is usually the attorney who speaks on the parties behalf.  An attorney cannot always speak for a business or an individual, however.  There are times when the injured party will want to examine an individual regarding issues such as safety procedures, company policies or even their personal observations of an accident.  The attorney, obviously, would have no first-hand knowledge of this information.

If an injured person wishes to formally depose a person regarding some aspect of the business or the accident that led to the injury, the attorneys for the business are generally required to produce that employee to be deposed without the injured person having to issue a subpoena to secure their attendance.  This is true even if that person is a lower level employee who ordinarily could not speak on behalf of the business. 

Under such circumstances, there may be no one person who “speaks” on behalf of the business.  Instead, several different employees who have various duties may be required to present evidence regarding their specific duties and knowledge as it relates to the personal injury lawsuit.

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