What to Expect in a Florida Personal Injury Deposition

This article provides an overview of the Florida deposition process. If you have specific questions regarding your case, feel free to call our Tampa personal injury attorneys at (813) 471-4444 for a free consultation.

What is a Personal Injury Deposition?

Florida’s deposition law gives both parties in a personal injury case a chance to gather evidence from witnesses and opposing counsel through depositions. Witnesses are deposed meaning they’re summoned to provide sworn testimony to attorneys for each party.

Depositions are an essential tool for gathering information and evidence, allowing both the plaintiff and defendant to extract vital details related to the incident, injuries, and contributing factors. This information shapes their legal strategies, influencing trial preparation and settlement negotiations.

Attorneys rely on the sworn testimony of deposed witnesses to assess each witness’ credibility, predict how witnesses will respond to questions during trial, and make informed decisions as they navigate the case. Personal injury depositions are indispensable for discovery, evidence gathering, and overall preparation for trial or potential settlement.

How Do Depositions Work in a Personal Injury Case?

In 2023, most sworn witness testimony is recorded in what’s called a video deposition. The deposition video gives attorneys the ability to show the jury each witness’ testimony in court if the case goes to trial. Video depositions also provide a lasting record of the testimony each witness gave while under oath. Having witness accounts on video ensures consistency and credibility throughout legal proceedings.

What to Expect During a Deposition

During a personal injury deposition, you’ll encounter a structured process that involves various participants and key elements. Typically held outside the courtroom, these proceedings transpire in an attorney’s office or another neutral location. The participants include attorneys from both sides, a court reporter responsible for recording the deposition, and, in some cases, videographers. As the deponent, you will be present and play a pivotal role.

The deposition begins with you swearing an oath to testify truthfully, which sets the tone for the subsequent question-and-answer session. Attorneys from both parties will ask questions about the case, ranging from the particular circumstances of the occurrence that resulted in the personal injury to your complete medical history. This engagement is an important aspect of the legal discovery process, which aims to gather critical facts and lay the groundwork for developing a solid case or defending against one.

Types of Question

The questions you can expect to face during a personal injury deposition span various areas such as:

Background Information – During a deposition, you can anticipate questions that seek to establish your background and basic details. These questions are often asked at the beginning to set the context. Types of questions can be:

• “Can you please state your full name for the record?”
• “What is your current address of residence?”
• “Could you briefly describe your employment history?”

Incident Details – Attorneys will delve into the specifics of the accident or incident that resulted in the personal injury. This includes questions about the circumstances, timeline, and parties involved. Types of questions can be:

• “Can you provide a detailed account of how the accident occurred?”
• “Who else was present at the scene when the incident happened?”
• “Were there any warning signs or hazards that you noticed before the accident?”

Medical History – Expect inquiries about your medical history, including pre-existing conditions, prior injuries, and any medical treatments you received in connection with the injury. Types of questions can be:

• “Have you ever had any prior injuries or medical conditions in the same area where you were injured?”
• “Could you provide a list of all the healthcare professionals you’ve seen since the accident?”
• “Did you receive any surgeries or medical procedures as a result of your injuries?”

Injury Impact – Attorneys will enquire about how the accident has impacted other elements of your life, such as your daily routine, work, and overall well-being. Here are some examples of the questions the plaintiff may be asked about their injury during a deposition:

• “Can you describe the extent to which your injuries have impacted your ability to perform your job?”
• “Has the injury affected your ability to engage in recreational activities or hobbies?”
• “How have your injuries affected your quality of life, both physically and emotionally?”

These questions are intended to provide evidence of record of the you with a thorough knowledge of your injury, as well as its causes, and repercussions. It’s critical to be prepared to provide clear and precise answers to these questions during your deposition, as they serve as the foundation for the legal arguments presented by both sides in the case.

Common Deposition Challenges and How to Overcome Them

Nervousness

Nervousness is a common issue during personal injury depositions, especially video depositions. It’s entirely natural to feel anxious during this formal process. To overcome this, consider practicing with your attorney beforehand, which can help boost your confidence and ensure you’re better prepared to respond calmly and truthfully.

Miscommunication and Confusing Questions

Opposing counsel may intentionally or unintentionally ask questions that are leading, confusingly worded, or difficult to answer. If opposing counsel is asking leading or confusing questions, don’t hesitate to seek clarification or express your concerns. Your attorney will be present to help defend your rights and object to any inappropriate or misleading questions, ensuring that your deposition remains fair and accurate.

Confrontational Attorneys

Confrontational attorneys can make it difficult to remain calm and focused while answering questions. It’s important that you maintain composure and answer questions honestly. Stick to the facts and avoid becoming defensive or argumentative, because defensive answers can make you seem less credible to a jury. Rely on your attorney to raise objections when necessary.

Forgetfulness or Misremembering Details

if you can’t remember the answer to a question you’re asked or can’t recall specific details, you should acknowledge and avoid speculating. Guessing or providing inaccurate information can create inconsistencies in your testimony that will hurt your case. By honestly admitting when you don’t remember certain details, you maintain your integrity and ensure that the information you provide is reliable and accurate.

Conclusion

Legal depositions are an important part of Florida’s civil case procedures. If you have questions about depositions and how they might affect your personal injury case, call (813) 471-4444 for a free consultation.