If you have filed a personal injury lawsuit, there is a good chance you will be asked to give a deposition at some point. For many people, the notice comes as a surprise, and the word itself can sound more intimidating than the experience actually is. A deposition is not a trial, and you will not be sitting in front of a judge or jury. Still, what you say matters, and understanding the process ahead of time is one of the best ways to protect your case.
Below, we explain what a deposition is, why it happens, how it typically unfolds, and what comes next once the questioning is over.
What Is a Deposition?
A deposition is sworn testimony given outside the courtroom. It is part of discovery, the stage of a lawsuit when each side gathers information from the other before trial. In a personal injury case, the people deposed often include the injured person, the defendant, eyewitnesses, treating doctors, and sometimes expert witnesses.
People sometimes call it a “deposition hearing,” but no judge is present. The testimony is given under oath, recorded by a court reporter, and can later be used in the case. In Florida state court, depositions are governed by the Florida Rules of Civil Procedure, primarily Rule 1.310, which covers depositions taken by oral examination.
Why Depositions Matter in a Personal Injury Lawsuit
Depositions give both sides a chance to learn what witnesses know and how they will come across if the case goes to trial. When you are the injured party, the defense attorney will usually focus on:
- How the accident happened
- The injuries you suffered
- The medical treatment you have received
- How the injuries have affected your work, daily activities, and quality of life
The defense uses this information to evaluate the strength of your claim and decide how to approach settlement or trial. Your attorney uses depositions of the other side’s witnesses in the same way. A well-handled deposition can strengthen your position, while careless answers can create problems that follow the case for months.
How to Prepare for Your Deposition
Preparation is the single most important thing you can do. Before your deposition, your attorney should meet with you to review the facts of your case, go over the kinds of questions the defense is likely to ask, and talk through how to answer clearly and truthfully.
This is not about memorizing a script. It is about refreshing your memory on dates, events, and medical treatment so that you are not caught off guard, and about understanding the ground rules so the process feels familiar when you arrive. If something about your history worries you, such as a prior injury or an earlier accident, tell your attorney during preparation rather than letting it come up for the first time on the record.
What Happens During a Deposition
Most depositions take place in a law office or conference room, though some are conducted remotely. The setting is more relaxed than a courtroom, but the testimony carries the same weight as if you were on the witness stand.
The Oath
After introductions, the court reporter will place you under oath. From that point on, you are legally required to tell the truth, just as you would be in court.
The Questions
The opposing attorney will typically do most of the questioning, and your own attorney may ask follow-up questions as well. Expect questions about your background, the incident, your injuries, your treatment, and how your life has changed.
A few principles go a long way:
- Listen to the whole question before answering.
- Answer only what was asked.
- If you do not know or do not remember, say so. “I don’t know” and “I don’t recall” are perfectly acceptable answers when they are true.
- If a question is confusing, ask for it to be rephrased.
Breaks
You can ask for a break if you need one. Many depositions include short breaks roughly every hour, often lasting five to fifteen minutes. Longer depositions may include a lunch break. Generally, you should not take a break while a question is pending. Your attorney will explain what is and is not appropriate to discuss during breaks.
Recording the Testimony
A court reporter transcribes everything said on the record. Some depositions are also videotaped, and Florida’s rules require that a video recording be stated in the notice of deposition. Video can be especially useful if a witness later becomes unavailable for trial, since the jury can see and hear the testimony directly.
Objections
Attorneys may object to certain questions during the deposition, for example because a question is improperly worded or calls for privileged information. Under Florida’s rules, objections must be stated briefly and without argument. In most situations, you will still answer the question after an objection is made, and the objection is preserved for a judge to decide later if the testimony is ever offered at trial. Your attorney may instruct you not to answer only in limited circumstances, such as protecting attorney-client privilege.
Common Mistakes to Avoid
Your attorney will be with you throughout the deposition, but a few habits can quietly hurt a case.
Giving inconsistent answers. If your deposition testimony conflicts with what you told your doctors, what appears in the accident report, or what you later say at trial, the defense will point to the inconsistency to question your credibility. Honest, careful answers are the best protection.
Saying too much. Many people feel the urge to fill silence or explain their answers in detail. Volunteering information that was not requested can open new lines of questioning or create confusion. Answer the question, then stop.
Guessing. An estimate presented as fact can be used against you later. If you are not sure about a distance, a speed, or a time, say that you are estimating or that you do not know.
Exaggerating or minimizing. Describe your pain and limitations accurately. Overstating them can damage your credibility, and downplaying them can undervalue your claim.
What Happens After the Deposition?
Once the questioning ends, the case moves into a period of review and strategy.
The Transcript and Your Right to Review It
The court reporter prepares a written transcript of the deposition. Under Florida Rule of Civil Procedure 1.310(e), the witness generally has the opportunity to read the transcript and note any corrections, along with the reasons for them, unless the witness and the parties waive that review. Your attorney can explain whether to read and sign and how to handle any errors you find. Keep in mind that the original answers remain part of the record, so significant changes can still be pointed out by the other side.
How Both Sides Use the Testimony
After all the key depositions are complete, each side evaluates what was said. Deposition testimony often shapes settlement negotiations because it gives everyone a clearer sense of how the case might play out in front of a jury. Many Florida civil cases go to mediation before trial, and deposition testimony frequently plays a role in those discussions.
Using Depositions at Trial
If the case does go to trial, deposition transcripts and recordings can be used as evidence. Florida Rule of Civil Procedure 1.330 sets out when a deposition may be used in court, including to contradict or impeach a witness whose trial testimony differs from what they said earlier, and in some cases when a witness is unavailable to testify in person. This is a major reason consistency matters so much. A jury that hears a witness say one thing at trial and something different under oath months earlier may decide that witness is not trustworthy.
How Long Does It Take to Get to Settlement After a Deposition?
There is no fixed timeline. Some cases settle shortly after the plaintiff’s deposition, once the defense has a better picture of the injuries and the facts. Others continue through additional discovery, expert depositions, and mediation before resolving. Your attorney can give you a realistic sense of where your case stands once depositions are complete.
Talk With a Florida Personal Injury Attorney About Your Case
Giving a deposition is a normal part of most personal injury lawsuits, but you should never walk into one unprepared. The personal injury attorneys at Bogin, Munns & Munns help clients understand each stage of the litigation process, from discovery through settlement or trial, and we know that many people come to us during one of the most difficult periods of their lives.
If you were hurt in a car accident, a truck accident, a slip and fall, or another incident caused by someone else’s negligence, and you have questions about your deposition or your case, contact our office to request a consultation. With offices throughout Florida, we are here to answer your questions and help you understand your options.
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