When you file a personal injury claim, whether it’s for a car accident, slip and fall, or other injury caused by someone else’s negligence, you may hear your attorney mention something called a “deposition.” For many clients, this is the first time they’ve encountered the term, and understandably, it can sound a little intimidating.
Here’s what you need to know about depositions, how they fit into the legal process, and whether you’ll need to give one in your case.
What Is a Deposition?
A deposition is a formal statement given under oath outside of the courtroom, typically as part of the discovery process in a civil lawsuit. Discovery is the stage where both sides gather evidence and information to build their cases. A deposition allows attorneys from both parties to hear what a witness or party to the lawsuit knows, thinks, or remembers about the incident in question.
During a deposition, you’ll be asked a series of questions by the opposing attorney, and your answers will be recorded by a court reporter, often with a video recording as well. Your lawyer will be present to protect your rights, but they generally cannot interrupt or answer questions for you.
Why Do Depositions Matter?
Depositions serve several important purposes:
- Fact-Finding: They allow both sides to gather crucial details about the accident, your injuries, medical treatment, and the impact on your life.
- Preserving Testimony: Your deposition may be used later in court if you are unable to attend or if your memory changes over time.
- Evaluating Credibility: Your demeanor, clarity, and consistency can influence how the other side perceives your reliability as a witness.
- Shaping Settlement Decisions: A strong deposition can encourage the other party to settle rather than go to trial, while an inconsistent one might embolden them to fight harder.
Will You Have to Sit for a Deposition?
If you are the plaintiff (the injured party) in a personal injury lawsuit, you will likely be required to sit for a deposition. The defense has the right to hear directly from you, under oath, about the events that led to your injury, the nature of your damages, and other relevant issues.
If your case settles early—before a lawsuit is formally filed—you may not have to go through a deposition. However, once the case moves into litigation, depositions become a routine part of the process.
Witnesses, medical experts, accident reconstructionists, and even your doctors may also be deposed during your case.
How Should You Prepare?
Your attorney will guide you through the process and help you prepare in advance. Preparation may involve:
- Reviewing the facts of the case and your medical history
- Practicing how to answer clearly and truthfully without volunteering unnecessary information
- Going over common questions, such as how the injury happened, how you’ve been affected, and what treatment you’ve received
The key to a successful deposition is honesty and clarity. If you don’t know or remember something, it’s okay to say so. Don’t guess or speculate. Stick to the facts and let your attorney handle any legal objections that arise.
What Happens After the Deposition?
After the deposition, a transcript will be made and shared with both sides. Your attorney will review it for accuracy and may use it to strengthen your case. The defense may use your testimony to prepare for trial or evaluate the strength of your claims during settlement discussions.
Bottom Line: If you’ve filed a personal injury lawsuit, chances are high you’ll be deposed. While the idea can feel nerve-wracking, know that your legal team will prepare you and stand by your side throughout. A well-handled deposition can be a powerful step toward achieving the compensation you deserve.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.
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