After a car accident case goes into litigation, a deposition can have a significant impact on how the insurance company evaluates your claim. What you say about the accident, your injuries, and their effect on your life can influence both settlement discussions and how the defense views you as a potential trial witness.

In this article, we discuss what to expect during a deposition, how to prepare, common mistakes to avoid, and how a Florida car accident lawyer can help.

When Does A Deposition Typically Occur During A Personal Injury Lawsuit?

A deposition normally takes place after written discovery has been answered. The insurance company will typically obtain the medical records it can based on the information disclosed during written discovery.

After that, you will be expected to testify at a deposition. Your testimony may provide additional information about other records or documents that exist, which the insurance company may then want to subpoena.

Who Will Be Present During A Car Accident Deposition?

During your car accident deposition, you will generally be present along with your attorney, the defense attorney, and a court reporter. In some cases, a videographer may also be present. Depositions are also frequently conducted by video call and may be recorded.

What Types Of Questions Are Commonly Asked During A Deposition?

At your deposition, you can expect extensive questions about several areas of your case and personal history, including:

• Your background
• Your insurance claim history
• Your lawsuit history
• The accident itself
• Your injuries and damages

Questions about your injuries and damages are especially important because your answers can affect how the insurance company evaluates your claim.

A deposition can shape how an insurance company values your case, and Christopher Russo understands that what you leave unsaid about your injuries may matter as much as what you say. At Russo Law, he prepares clients to address liability, medical records, lost wages, future earning capacity, and the everyday impact of an injury, including activities and relationships that have changed. He also understands how deposition testimony can reveal additional records insurers may pursue.

Before giving sworn testimony, contact Russo Law to make sure you are prepared for the questions and the details the defense may overlook.

How Should I Prepare For My Deposition?

Two of the best ways to prepare for your deposition are:

• Review the medical records and other documents in your case so that you are familiar with them.
• Discuss your case with your attorney before your deposition.

Taking the time to review the relevant information can help you prepare to answer questions about the accident, your injuries, and other aspects of your claim.

What Common Mistakes Should I Avoid During A Deposition?

Traditional thinking regarding depositions is that the person giving the deposition should answer the question asked (and only that question) without offering anything more. I would suggest that this is generally true for most areas of a deposition, with an important exception: questions about your injuries and damages.

When discussing injuries, the defense attorney may ask questions that do not result in a complete description of what you have experienced. The defense attorney may not have enough information from the medical records to formulate questions that fully address the extent of your injury claims.

In a deposition, you have to say it in order to receive credit for a measure of damage in your case. For that reason, when discussing your injuries and damages, you may need to go beyond simply answering the question asked so that your testimony accurately reflects the full impact of your injuries.

Failing to provide that information may mean it is not considered for settlement purposes, potentially making a trial necessary.

How Can A Florida Personal Injury Attorney Help Me Prepare For My Deposition?

Before your deposition, you should discuss both liability and your injuries or damages with your attorney. This includes preparing for questions about how the accident occurred and the injuries you suffered.

It is also important to discuss how those injuries have affected your everyday life. That may include things you can no longer do, activities you do less often because of your injuries, and the impact your injuries have had on your relationship with your spouse.

Depending on your case, you may also need to discuss wage loss and loss of future earning capacity. Reviewing these areas with your attorney before your deposition can help ensure that you are prepared to address the different ways the accident and your injuries have affected your life.

Still Have Questions? Ready To Get Started?

For more information on working with a Florida car accident lawyer, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 201-5918 today.