What Is a Deposition in a Florida Car Accident Case?
When you are involved in a Florida car accident because of the negligence of another party, you have the right to file an insurance claim and seek compensation for your injuries and damages. However, if the at-fault party’s insurance company refuses to compensate you fairly, you may need to file a lawsuit in court. After you file your lawsuit, one of the legal processes you may encounter is the deposition. This article discusses what a deposition is, what to expect in a car accident deposition, how to prepare for a deposition, and what happens after a deposition in a Florida car accident case.
What Is a Deposition and What Can You Expect?
Depositions are a standard part of the discovery process. During a deposition, the witness is sworn in and then answers questions posed by the attorney. These questions are meant to help attorneys gather information, clarify facts, and assess the credibility of witnesses, including you (the claimant). Depositions are meant to preserve testimony. Depositions happen before the trial, typically in an attorney’s office. But while a deposition occurs outside a courtroom, it carries the same weight as court testimony.
While the questions you are asked during your deposition may seem easy, it’s crucial to remember that questions posed by opposing counsel are often aimed at identifying inconsistencies and weaknesses in your case. For this reason, it’s vital to be thoroughly prepared.
During your deposition, you must answer all questions to the best of your ability unless your lawyer objects to the question or instructs you not to answer. However, sometimes, even when an attorney objects to a question, the witness may still be required to answer.
Preparing for Your Deposition
The following are the steps to take to prepare for your car accident deposition;
- Understand the deposition process: During your deposition, you’ll be asked questions by the opposing party relating to your accident, injuries, and other relevant details, which you must answer under oath. A reporter will record the deposition and produce a written transcript.
- Consult with an attorney: A lawyer can help you understand the deposition process and what to expect. They can guide you on how to answer questions.
- Review relevant documents: Review all documents relevant to the accident, including police reports, medical records, and pictures of the accident scene.
- Practice your testimony: Practicing will make you comfortable and confident.
- Understand the types of questions you might face: The questions you’ll be asked will fall into several categories: background information, details of the accident, your injuries, the recovery process, and damages. An attorney can help you prepare or give you a list of questions to anticipate.
What Happens After a Car Accident Deposition?
After depositions, each party receives copies of the transcript for review. Depositions can be used in court but only under limited circumstances. Under Florida Rule 12.330, depositions can be used at trial if the witness;
- is dead
- can’t testify due to illness, imprisonment, age, or infirmity
- is more than one hundred miles away from the court
- can’t be subpoenaed
- is a skilled or expert witness
Contact Us for Legal Help
For help with your car accident case, contact our experienced Lakeland car accident attorneys at Darla K. Snead, P.L.
Source:
floridarules.net/florida-family-law-rules-of-procedure/rule-12-330-use-of-depositions-in-court-proceedings/
