Dear Jeannie -

Just adding to Christine’s comments. From what I understand, the key thing in valuing your claim is to recognize that you have a lifelong disability. (Sad but very possibly true.) As such, this isn't you average slip and fall case, but something that demands a settlement well into the six figure range, maybe high six figures at that. Anything less, and you're going to be sold short. IMHO.

In preparation for the deposition, if you haven't already done so, I would consider keeping a journal for the next few days and make entries every time the pain affects your life. You'll be surprised how much goes down there. Then you can - will the approval of your attorney of course - refer to those notes at your deposition.

Finally, you can not only ask to take breaks whenever you need to, but if the pain becomes so intense as to cloud your ability to go on, you can and must say that you are done for the day: and they have to stop! Then too, if you don't understand a question or are not sure of what to say, just ask the lawyer to repeat or rephrase the question, which you can do as often as you like. And check with your lawyer on this one, but if you give an answer you're at all uncomfortable with, or if you believe the lawyer's going into an area which you have to review with your lawyer, you can, at least under California practice, just say AT THE CONCLUSION OF YOUR ANSWER TO WHATEVER QUESTION WAS JUST POSED "I need to confer with my counsel," whereupon the deposition goes off the record and you can confer to your heart's content.

Good luck. You'll get through it just fine.

Mike