If you’ve filed a personal injury claim in Florida, there’s a chance you’ll be asked to take part in a deposition. While the word might sound intimidating, depositions are a routine part of the legal process. They offer both sides in a case the chance to gather information before the trial.
Getting information on how depositions work can help you feel more prepared and confident when the time comes. Read on so that you can know what to expect for your case.
What Is a Deposition?
A deposition is a formal question-and-answer session that takes place during the discovery phase of a lawsuit. In Florida, depositions are conducted under oath, and everything said is recorded by a court reporter. You may be asked to give a deposition if you’re the injured party (plaintiff), a witness to the accident, or even an expert brought in to testify.
The opposing party’s attorney will ask you a series of questions, and your answers can later be used in court. That’s why it’s critical to take the process seriously and prepare with your lawyer in advance.
The Role of Depositions in a Personal Injury Case
Depositions serve several purposes in Florida personal injury cases.
They allow both sides to:
- Learn what witnesses will say at trial
- Lock in testimony so it doesn’t change later
- Evaluate the strengths and weaknesses of the case
- Gather facts that might help reach a settlement
A strong deposition can support your claim and improve your chances of receiving fair compensation. On the other hand, inconsistent or unclear answers can damage your credibility and weaken your case.
When Do Depositions Happen in Florida Injury Lawsuits?
Depositions happen after the lawsuit has been filed but before the trial begins. They are part of the discovery phase, which is a period during which both parties gather and exchange evidence.
Florida law allows both sides to conduct depositions of anyone with relevant information. This includes the injured party, eyewitnesses, experts, medical providers, defendants, and more.
Your lawyer will help you prepare and will also take depositions of people who may have information helpful to your case.
What Types of Questions Are Asked During a Deposition?
Depositions usually begin with basic background questions about your education, work history, and family. Then the attorney will move into case-specific topics.
In a personal injury deposition, you can expect questions such as:
- How did the accident happen?
- What injuries did you suffer?
- What kind of medical treatment have you received?
- How have your injuries impacted your daily life?
- Do you have any pre-existing conditions?
- Have you missed time from work?
- What are your current symptoms?
You must answer truthfully, but you don’t need to volunteer extra information. If you don’t know or can’t remember something, it’s okay to say so.
What Are the Rules for Depositions in Florida?
Depositions in Florida follow rules set by the Florida Rules of Civil Procedure.
Some important rules include:
- Depositions are taken under oath, meaning false answers can lead to perjury charges.
- A court reporter will create a written transcript of everything said.
- Attorneys may object, but you must still answer the question in most cases.
- Video recording may be used if one party requests it in advance.
Although a judge is not typically present, anything said during the deposition can be used later at trial.
How Can a Florida Personal Injury Lawyer Help With Your Deposition?
A skilled personal injury attorney will be with you throughout the deposition process. They’ll help you prepare by reviewing your medical records, the facts of your case, and the types of questions you’re likely to face.
Your attorney will also:
- Be present during the deposition to protect your rights
- Object to inappropriate or misleading questions
- Help clarify confusing questions before you answer
- Review the transcript afterward to correct any errors
With proper legal guidance, you’ll feel more comfortable and confident during your deposition.
What Should I Do to Prepare for My Deposition?
There are a few simple steps you can take to prepare for your deposition in Florida:
- Meet with your attorney in advance to go over key facts and documents
- Review your timeline of events, including your injury, treatment, and recovery
- Practice answering questions out loud, especially about sensitive topics like pain or lost income
- Dress appropriately, as if attending court
- Listen carefully to each question and pause before answering
- Stick to the facts and avoid guessing
Preparation is key. The better you understand your case, the more confident you’ll be in answering questions.
Contact Our Florida Personal Injury Lawyers for a Free Consultation
Depositions are a critical step in any Florida personal injury case. They allow both sides to gather key information, assess the strength of the case, and prepare for trial. At Winters & Yonker Personal Injury Lawyers, we understand how stressful the process can feel—but you don’t have to go through it alone.
Our experienced legal team is here to guide you every step of the way. We’ll help you prepare, protect your rights during questioning, and ensure your voice is clearly heard. If you’ve been asked to give a deposition or need help with a personal injury claim, contact Winters & Yonker Personal Injury Lawyers at (813) 223-6200 today for a free consultation. Let us fight for the compensation you deserve.
