During depositions for personal injury cases, both your lawyer and the lawyer representing the person you are suing will ask you questions. Your lawyer may guide you through the deposition process and may instruct you not to respond to certain questions.
The questions you may face in a deposition will sound like the ones you may face during examination and cross-examination in a courtroom. Your lawyer should attend your deposition and may prepare you for your personal injury deposition to carefully guide you through the entire process. For a free consultation, call Ben Crump Law, PLLC at 800-730-1331.
The Importance of Your Deposition for Your Personal Injury Lawsuit
Filing a claim for personal injury means you believe another person bears responsibility for injuries you suffered due to recklessness or negligence. It also means that you and your lawyer may appropriately assign liability to the at-fault party, clearly connect their actions to your injuries, and prove that the injuries you suffered caused you harm under Florida Statutes 768.28.
During a personal injury lawsuit, your lawyer may take one or more of the following actions:
- Discussing the circumstances and details of your injury
- Examining your injury-related health care
- Examining your income records to determine your financial loss
- Notifying the other party of the pending lawsuit
- Gathering records, reports, and other document-related evidence
- Deposing people on the other side of your pending lawsuit
- Preparing you for your own personal injury deposition by the other party’s lawyer.
Your lawyer may guide you through the process of filing a successful lawsuit and explain the importance of providing necessary and accurate responses during your personal injury deposition.
For a free legal consultation, call 800-730-1331
You Will Have Time to Prepare For Your Personal Injury Deposition
A personal injury deposition will never catch you by surprise. The law requires the other party’s lawyer to notify you and your lawyer of a pending deposition. In some cases, the law requires you receive notice of your deposition at least 30 days before it takes place.
Your lawyer will have time to prepare you for your deposition, the questions you may face, and the most appropriate ways for you to respond. Your lawyer may also inform you of the types of questions to which you should not respond. The notice you receive should also tell you when and where your deposition will take place.
Everything You Say During Your Personal Injury Deposition Will Go on Record
You will receive notification of your upcoming deposition and the way the parties will record it. Your personal injury deposition may go on record in three different ways:
- Via audio recording
- Via video recording
- By a court stenographer
The lawyer who requested the deposition will receive its recorded version. The lawyer who has ownership of the deposition can make copies available for the opposing lawyer if they request it. The lawyer who requests a copy may have a requirement to pay any expenses associated with producing their copy.
You Will Have an Opportunity to Review Your Responses
You will have the chance to review the questions asked of you and the responses you gave if your personal injury deposition goes on record. Reviewing your transcribed answers remains optional, so speak to your personal injury lawyers about the advantages of reviewing your deposition. Doing so may benefit you if you want to make changes in the substance of your responses or give clarity to your answers.
Any changes you make to your deposition will go on the official transcript along with a notation explaining the reason you made the change. You must then sign the amended transcription. If you cannot sign the transcript or refuse to do so, a legal official will sign it (on your behalf) and include an explanation to substantiate their signature.
Your transcribed testimony may also contain more than a written record of your answers to the questions you were asked. Your personal injury deposition in its transcribed form may contain additional elements along with your responses, including any documents or other exhibits and evidence examined during your deposition.
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No Need to Fear a Personal Injury Deposition
A personal injury deposition can seem daunting without your own lawyer by your side. On your own, you may not know what questions to expect the other lawyer to ask or which questions you must respond to. You also don’t know how your deposition will apply in your upcoming insurance settlement or personal injury lawsuit, but fortunately, a lawyer knows this information.
A deposition can cause concern about the questions you may receive and how you should respond. Having a lawyer may prove invaluable in the legal process, especially regarding preparation for a deposition. Your lawyer may carefully guide you through every aspect of your deposition. For legal representation, call Ben Crump Law, PLLC at 800-730-1331.