What is a Deposition? 

For those unfamiliar with legal jargon, the term “deposition” might sound intimidating or mysterious. However, it is a critical phase in the progression of a personal injury case, playing a significant role in shaping the outcome of litigation. So, what is a deposition?

In essence, a deposition serves as a pivotal opportunity for both parties involved in a lawsuit to gather information, clarify facts, and establish the foundation for their respective legal strategies.

Understanding the purpose and mechanics of depositions is paramount for anyone navigating the Florida personal injury legal system. Whether you’re a plaintiff seeking compensation for injuries sustained in an accident or a defendant defending against liability claims, knowledge of deposition procedures can significantly impact the trajectory of your case.

In this comprehensive guide, we aim to demystify the deposition process, shedding light on its significance, procedures, and implications within the realm of Florida personal injury law. At Serrano Law, we’re committed to empowering our clients through education and advocacy.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

What is a Deposition?

At its core, a deposition is a formal legal proceeding where witnesses or parties involved in a lawsuit provide sworn testimony under oath. Unlike a trial, which typically takes place in a courtroom before a judge and jury, depositions occur outside of court and are conducted in a more relaxed setting. Usually, a court reporter is present to transcribe the testimony verbatim, ensuring an accurate record of the proceedings.

What is a Deposition Used for in Florida Personal Injury Cases?

In Florida personal injury cases, depositions are used for various important functions. They offer a platform for both parties to collect relevant information and evidence, including testimonies from involved individuals like plaintiffs, defendants, eyewitnesses, and experts. Through depositions, attorneys can delve into the case’s details, uncovering essential facts, timelines, and circumstances of the incident. This process aids in building solid legal arguments and strategies. Additionally, depositions allow attorneys to evaluate the credibility and reliability of witnesses by observing their demeanor and consistency under oath, which is crucial for assessing the case’s strength. Finally, depositions serve to preserve witness testimony, providing a reliable evidence base for use in trials or settlement discussions.

What is a Subpoena?

You may be summoned to a deposition via subpoena. A subpoena is a legal document issued by a court or attorney that compels an individual to provide testimony, produce documents, or attend a deposition or trial. Essentially, a subpoena serves as a means of obtaining evidence or testimony from third parties who may have relevant information to a case.

A deposition subpoena specifically compels a witness to appear and provide testimony during a deposition. Depositions are crucial in personal injury cases for gathering sworn testimony from witnesses, parties, and experts, and a deposition subpoena ensures the witness’s attendance.

Client Testimonial

Implications of Subpoenas in Personal Injury Lawsuits

Plaintiffs may use subpoenas to gather evidence and testimony to support their claims, such as medical records, witness statements, or expert opinions. Subpoenas can be a valuable tool for uncovering information that strengthens the plaintiff’s case and increases the likelihood of a favorable outcome.

Plaintiffs should work closely with their attorney to determine the appropriate use of subpoenas and ensure compliance with procedural requirements.

Defendants may issue subpoenas to obtain evidence or testimony that could undermine the plaintiff’s claims or support their defense. Subpoenas can be used to compel witnesses or parties to provide testimony or produce documents that are relevant to the defense strategy. 

Defendants should consult with their attorney to develop a strategic approach to issuing subpoenas and ensure that they are used effectively within the bounds of the law.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Navigating a Deposition in Florida Personal Injury Cases

In Florida personal injury cases, preparing for a deposition is crucial to effectively present your case and protect your rights. You should first meet with your attorney to understand the deposition’s goals, strategy, and what to expect. It’s important to review all relevant documents, such as medical records, accident reports, and witness statements, to provide accurate and consistent testimony. Practicing with your attorney can help you answer questions effectively and build confidence. During the deposition, maintain calm and focus, ensuring your responses are truthful and precise. If any question is unclear or seems inappropriate, you have the right to seek clarification or object, allowing your attorney to intervene. Depositions are vital in Florida personal injury litigation for evidence collection, fact clarification, and influencing the case’s direction, so comprehending their purpose and procedures is key to navigating them successfully.

What is Discovery?

Discovery is a pre-trial phase of litigation where parties exchange information and evidence relevant to the case. The primary goals of discovery are to promote transparency, facilitate settlement negotiations, and ensure that each party has access to all relevant information before trial.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Key Components of Discovery in Florida Personal Injury Cases

In Florida personal injury cases, discovery involves several key components. Interrogatories are written questions exchanged by parties to glean details about the incident, injuries, medical treatments, and other pertinent information, requiring sworn responses within a set period. Additionally, parties can request the production of relevant documents like medical records, accident reports, photos, and witness statements, which serve as critical evidence. Depositions involve oral questioning under oath, recorded by a court reporter, enabling direct witness interrogation to collect case-related information, with the testimony potentially serving as trial or negotiation evidence. Requests for admissions involve asking parties to confirm or deny facts, streamlining litigation by clarifying and narrowing disputed issues. Lastly, in cases with complex issues, parties may engage expert witnesses for specialized testimony, necessitating the disclosure of these experts’ identities and summaries of their opinions in preparation for trial.

Navigating the Discovery Process

Navigating the discovery process can be complex, but with the guidance of an experienced personal injury attorney, you can navigate it effectively. Your attorney will help you understand your rights and obligations during discovery, respond to discovery requests, and gather evidence to support your case.

It’s essential to be thorough and diligent during the discovery process, as the information uncovered can significantly impact the outcome of your case. By working closely with your attorney and engaging in the discovery process proactively, you can strengthen your case and increase your chances of a favorable outcome.

Here to Help You

Being able to answer “what is a deposition?” is just the start — knowing it and navigating it are two very different things. A deposition can be a daunting experience, and having a dedicated and experienced advocate on your side can help see you through.

From preparation to protecting your rights, Serrano Law is here to help you. If you are facing a deposition or struggling with the discovery process in your personal injury lawsuit, contact our office today.

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