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Information about the Deposition Process from Your Tampa Personal Injury Attorney

For many personal injury cases, it’s necessary to take depositions. Simply defined, a deposition is testimony from a witness. Deposition testimony is taken under oath and outside of the courtroom. The transcript, or record, of a deposition then becomes part of the court’s file.

Having a combined 100 years of experience as a Tampa personal injury attorney firm, Clark and Martino, P.A., has found that depositions can be a stressful experience for some of our clients. It’s understandable how a deposition can be unsettling, as it usually involves answering a lot of questions, and all of those answers become part of a permanent record that the witness could be asked about later at a trial. Whenever you are faced with the possibility of a deposition, consider these pointers:

  • Dress for a deposition in a way that would make you presentable during a trial before a judge and jury.
  • Ask your Tampa personal injury attorney about the rules beforehand, for example, how many breaks you will get or whether you’re allowed to ask for a break if you need one.
  • There’s no need to rush with your answers. A deposition is not a timed event. Feel free to stop and think about what you want to say before you answer.
  • It’s not recommended that you improvise, adlib, or give extra information. Be truthful and keep your answers as short as possible. Answers like, “Yes,” “No,” “I don’t remember,” and “I don’t know” are perfectly acceptable as long as they are true.
  • If you offer more information than what is being requested, you risk being asked more questions later.
  • Always tell the truth.
  • Be cooperative and non-argumentative to the person asking the questions. Since your Tampa personal injury attorney should be in the room with you during the deposition, he or she will be able to raise objections when you are treated improperly.
  • Be prepared to answer general questions about all the places you’ve ever lived (including addresses), the places you’ve worked, and every injury, illness, surgery, and doctor you’ve ever had.
  • Be prepared to answer thorough questions about your injury, pain, what caused the injury, and how you feel now.
  • When you are asked about times and dates, it’s best to use words like “about” and “approximately” unless you know the exact time of an event.

One of the most difficult aspects of a deposition is that the questions are often asked by the defense, or your “opponent,” in the case. There is always a possibility that the defense can use your deposition during a trial. Considering how important a deposition could be to the outcome of your case, it’s vital for you to have an experienced Tampa personal injury attorney by your side. Please feel free to call Clark and Martino, P.A., for more information about scheduling a free consultation about your case.