How To Prepare For a Deposition in Jacksonville, FL
If you were injured in a car accident, construction accident, or any other type of incident and filed a personal injury lawsuit, you may be asked to give a deposition. The defendant’s attorney will conduct the deposition, and it can have a significant impact on your case.
Below, we discuss how to prepare for a deposition in Jacksonville and other critical aspects of the process.
What Is a Deposition?
The first step to giving a deposition is understanding what it is and why it is used. A deposition is a form of discovery. Florida has many rules surrounding when a deposition can be taken, whether of another party or a witness, how depositions are recorded, and other procedures regarding their use. Depositions help attorneys prepare for trial.
Depositions are similar to a witness examination during a trial. The lawyer asks a question, and the deponent, the person giving the deposition, answers it under oath. This testimony is recorded and can later be used at trial. However, the rules are more lax at depositions, and there are fewer grounds to object.
To better prepare for your deposition, you should know common reasons why attorneys use them, which include:
- Finding out more information about the case, the testimony you may later provide at trial, and the source of other evidence in your case
- Locking you into specific testimony so they can later try to discredit you with conflicting evidence or contradictory testimony you give at trial
- Getting a preview about how you may present yourself at trial
After the deposition, the defense attorney may report to the insurance company about their impressions. This can influence whether the insurance company offers a settlement and in what amount.
How To Prepare For a Deposition
You will receive notice before your scheduled deposition, so it should not come as a surprise to you. This gives you a chance to prepare with your personal injury lawyer for your deposition.
Here are some tips on how to prep for a deposition:
- Review the facts of your case – Read over all of the pleadings in your case, including your complaint and any other written information you have shared with the other side. This step can help refresh your memory and ensure your testimony is consistent.
- Review your medical records – Read over doctor’s notes, diagnostic test results, and other information in your medical records. You will likely be asked many questions about your injuries.
- Prepare with your lawyer – Your lawyer can practice your deposition with you. They can ask questions the other attorney will likely ask. They can then critique your performance and offer insights about how to improve.
If you have any questions about the deposition process, it’s important to ask your attorney before the deposition begins.
How To Give a Great Deposition
After you have prepared for your deposition, you will be ready to give one.
Here is some advice to follow when you are actually giving a deposition:
- Understand the role of the opposing attorney – Many attorneys are skilled litigators. They know how to confuse witnesses and extract information that is favorable to their case. They may try to make you feel comfortable so you say something that could damage your case. Be on high alert while answering their questions. Be careful with anything you say.
- Be honest – Your testimony will be recorded, and you are giving it under oath. Be truthful in your responses. If you are caught in a lie, your credibility may be irreparably harmed.
- Pause before answering – This will give you a chance to compose your thoughts and think through your answer so you don’t blurt out something wrong.
- Do not volunteer information – Just answer the question asked. Do not add information. If the question can be answered with “yes” or “no,” stick to that response.
- Say, “I don’t know” or “I don’t remember” when necessary – These are legitimate responses when they are true. Do not try to make up an answer to fit your narrative.
- Maintain your composure – The other attorney may try to throw you off balance to upset you. But you will make a better impression if you can maintain your composure.
You can also ask for a break if you need one.
Contact an Experienced Jacksonville Trial Attorney For Help With Your Deposition
For more information, please contact the Jacksonville and Ponte Vedra personal injury law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167