What Do I Need to Know about Depositions in Florida Personal Injury Cases?
An accident deposition may be necessary in a personal injury case, especially if you’re unable to settle with the insurance company.
Of all the phases of a personal injury lawsuit, deposition is one phase that gives many injury victims the most anxiety. That’s perhaps because most victims have little or no legal expertise.
Whether you’re the one scheduled to be deposed or you’re thinking about deposing someone, you shouldn’t feel upset. Hiring a team of experienced Orlando personal injury lawyers can help you understand everything about deposition and be better prepared for whatever it brings.
Here is what you need to know about depositions in Florida personal injury cases.
What is an accident deposition?
A deposition is a sworn, out-of-court interview conducted in the presence of a court reporter.
Usually, the personal injury victim and the witness(es) must appear during the deposition and give their testimony to the opposing counsel. On the other hand, the opposing party’s attorney will ask the victim and the witnesses questions that must be answered truthfully unless your attorney advises you otherwise.
What’s the purpose of deposition?
A deposition serves several purposes, which include:
- Offering the opposing party an opportunity to gather only available information in the other party’s and witness’s possession.
- Providing the plaintiff a chance to tell their side of the story.
- Authenticating the available documents
Questions frequently asked during an accident deposition by lawyers
Typically, the opposing attorney will try to understand the case better by getting as much information concerning your claim as possible. Some of the information they may seek in their questions include:
- General information, for example, name, address, education, work, marital status, date of birth, and any other information deemed relevant,
- Physical condition before the accident. This could include information about other injuries you may have had before the accident,
- Records of your criminal history,
- Accident information, including activities engaged in before the accident,
- The effect the accident has had on your life,
- Injury description.
How to conduct yourself in a deposition
Facing an opposing lawyer for questioning can be pretty confusing, especially if it is your first time. But, you must bear in mind that the questions asked during deposition can be used to destroy your case’s credibility. And for that reason, it’s essential to conduct yourself in a way that will not hurt your case.
Here are other tips on the recommended personal conduct during deposition.
- Always be polite and professional.
- Stick to the facts and avoid divulging unsolicited information.
- Remain consistent in the information you give. Any form of inconsistencies may be used by the opposing side to hurt your case.
- Ensure that the information you provide is entirely truthful. Inaccurate information given intentionally or unintentionally could negatively hurt your case.
- Take your time before speaking, and always ensure you understand a question before answering. A rush response could result in costly mistakes.
- Don’t be afraid to say ‘I don’t remember’ if you genuinely can’t.
- Prepare well in advance. The disposition process is not a smooth sail, and you will need to be adequately prepared. Your team of Orlando personal injury lawyers can help you by playing the opposing attorney’s role to help you get prepared.
Contact a personal injury lawyer today
An accident deposition can be a complicated process for a personal injury victim and should never be approached without a lawyer’s help.
If your case has gone to deposition, the Law Offices of Pardy & Rodriguez, PA are here to help you. We are an experienced team of Orlando personal injury lawyers who have helped thousands of victims recover full compensation for their damages.
Please feel free to contact us today for a free initial consultation if you or someone you love has been injured.