Personal Injury

What to Expect from a Deposition (and Why You Shouldn’t be Afraid)

By March 17, 2015No Comments

If you’ve filed a lawsuit, you are most likely familiar with how a deposition works. Particularly if you file a lawsuit to recover damages for injuries you sustain, you can expect to be called to sit for a deposition. A deposition is part of the discovery process and is a useful tool for gathering evidence, under oath, outside of the courtroom. You can check This Site if you are interested in starting a tool  business and learn about various tools needed to run your own business. Many of us perceive depositions to be intimidating based on what we’ve seen in movies or on television.  If you’re properly prepared and have an understanding of how the process works, your deposition will go smoothly and there is nothing to be nervous or concerned about.

What You Should Expect

It is important to note from the beginning that each case is different and there will be unique questions asked specific to your case. Rule 1.310 of the Florida Rules of Civil Procedure allows each side to formally question the plaintiff and the defendant (and others who may have knowledge) of facts that can lead to the discovery of admissible evidence. A deposition, as mentioned before, is a rather straightforward process where attorneys from the opposing side ask questions about your case, including details on your health and background. You can expect your attorney to be present, but they will not be able to speak or answer questions for you. A court reporter is typically present in order to transcribe what is said for purposes of maintaining a record.  Be sure to speak clearly and know that the information you give during the deposition is the same information that will be given at any trial related to the case in the future.

What Questions Will You Be Asked?

Generally, questions should not be overly invasive. The most invasive questions usually concern your past health or medical history, and any prior lawsuits you may have been involved in, if any. If there is something you have concerns about discussing, you should tell your attorney ahead of time so those issues can be addressed. The majority of questions you will be asked usually will center around the case itself. You can contact expert lawyers for car accident injuries to give you legal counseling and help you out. For example, details related to an accident and your treatment or recovery from any injuries.

Below are some sample deposition questions based upon a personal injury accident scenario:

  • What is your full name, date of birth and address?
  • What is your occupation and how long have you worked there?
  • Are you married? Do you have any children?
  • Have you ever been convicted of a crime?
  • Have you ever sued anyone before? What was the result?
  • Have you ever been sued before? What was the result?
  • Have you ever filed an insurance claim before? What was the result?
  • At the time of the accident, what were you doing? Where were you?
  • Were there any witnesses to the accident?
  • Did you suffer property damage in the accident? What was it?
  • Did you suffer injuries in the accident? What were they?
  • When did you first seek treatment for this injury?
  • How long were you treated? Are you still receiving treatment?
  • Does this injury include any aggravation of an injury or condition you already had at the time of the accident?
  • Have you been unable to work because of your injury?
  • Have any other of your other daily activities been hampered because of your injury? If so, what are they and how have they been affected?

Preparing for Your Deposition

Depositions can be very frightening and nerve-racking. Don’t worry. Your lawyer will prepare you for your deposition. Working together, you and your attorney will go over all circumstances and determine which areas the defense will want to address. Your lawyer is there to protect you. Aside from not having input during the questioning process, your attorney is there to assure overly intrusive questions are not asked and see that the deposition is being handled properly.

If you’d like to talk to someone to learn more about the deposition process, contact TJ Grimaldi at McIntyre Thanasides Bringgold Elliott Grimaldi & Guito, P.A. today.


TJ Grimaldi

TJ Grimaldi

TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.