6 Rules For Giving A Deposition In A Florida Personal Injury Case
If you have filed a Florida personal injury case against a negligent party, you may need to give a deposition during the discovery phase. At a deposition, you provide a statement under oath, which is recorded by a court reporter. Attorneys use the deposition to gain information about the case and find evidence that can be used in the case.
If you have a pending Florida personal injury case, it is vital that you understand how you can optimize your performance during a deposition. You want to ensure you don’t do or say anything during a deposition that can adversely affect the outcome of your case. The following is some advice to keep in mind that can help you improve your performance at a deposition.
Prepare Well in Advance
You need to prepare for your deposition thoroughly in advance with the help of a qualified personal injury attorney. You should prepare yourself for the kind of questions the opposing attorney might ask you. Before your deposition, your attorney can act as the opposing attorney and cross-examine you rigorously.
Pay Attention to the Questions and Avoid Jumping to Conclusions
Just because you practiced with your attorney does not mean you know the exact questions the opposing attorney will ask. You must pay attention and wait for the opposing attorney to finish asking the question before you answer. Avoid reading into questions and answer questions exactly as they are asked. If you don’t understand a question, feel free to seek clarification.
Do Not Lie
It might be tempting to lie at a deposition, especially if it seems like the truth will affect your chances of recovering the compensation you deserve. However, you should only tell the truth. Whatever statements you make during your deposition could be used in court, and you could face legal consequences for lying under oath. In Florida, lying under oath is a crime called perjury, which is punishable by up to five years in jail.
Do Not Guess
If you are unsure about something, avoid the temptation of guessing. If you are not sure about something, say that you are unsure. And if the opposing attorney tells you to take a guess, make it clear that your answer is a guess.
In the same line, you should avoid “filling in the blanks” with made-up facts when the events you remember fail to fit neatly into your story.
Don’t Answer Questions That the Opposing Attorney Didn’t Ask
You should avoid answering questions that the opposing attorney did not ask. Imagine answering a question the opposing attorney did not ask, only for you to discover later that the law does not even allow the attorney to ask that question. Answering questions not asked by the opposing attorney is like gifting the opposing party.
Ask To See Documents Before Testifying About Them
Finally, if you are asked to testify about a document, insist on seeing it before you say anything about it. If the document you see is different from the one you remember seeing before, make sure you bring that up. Your attorney can help you file an objection.
Contact Us for Legal Help
If you have a Florida personal injury case and need legal help, contact our Fort Lauderdale personal injury attorneys at The Pendas Law Firm. We can help you recover the compensation you deserve.
The Pendas Law Firm also represents clients in the Miami, Jacksonville, Tampa, Ocala, Orlando, Daytona Beach, Bradenton, West Palm Beach, and Fort Myers areas.
