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5 Things That Happen at a Deposition in a Personal Injury Case


First, you will not be required to sit for a deposition unless the case is in litigation.

  1. You will be advised of a time and place to meet for the deposition. Usually these are done at a neutral site like a court reporter’s office.

  1. Prior to the deposition your attorney will conference with you in depth about your case and the subject matter of expected questions and areas of inquiry from the opposing counsel.

  1. Once at deposition the opposing counsel will be able to ask you questions of their choice, and in Florida the scope of questions is rather broad. Common areas of inquiry usually encompass: your background, including your family background, work background, and education and occupation; your prior medical history, including whether you have previously been injured; how the incident occurred; and what has been your medical situation since the incident, as well as your work situation.

  1. It is important to note that what you say in deposition will be typed down by a court reporter and once you answer it is very difficult to change your answer. Even if you change your answer the opposing counsel can ask you why you answered a question one way and now want to change your answer.

  1. At deposition your statements are not placed into print but the “transcript” may be ordered by the opposing counsel or insurer. If your case goes to trial the opposing counsel can bring the transcript with them and read sections of it to the jury.

It is of utmost importance that you are prepared to sit for a deposition when requested by the opposing attorney. Think of a deposition in terms of a “Miranda” warning. “Anything you say, can and will be used against you”, in your case. This is why it is important to conference in depth with your attorney prior to your deposition.

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