In any lawsuit, gathering as much information as possible about the case is imperative for everyone involved. Each side should thoroughly investigate the facts of the case, including the opposing party’s claims. The plaintiff’s lawyer should make every effort to understand the defendant’s position and legal arguments before going to trial. This could help in two ways. First, it could help parties realize that a settlement is possible. Second, if a settlement is not possible, it helps both parties be as prepared as possible for trial with the maximum amount of information.
It is important to remember that at the Law Offices of Robert Dixon, we aim to settle all of our personal injury cases. Our goal is to resolve matters swiftly while getting our clients the compensation they deserve for their injuries. Unfortunately, this is not always possible. In instances where trial is inevitable, our highly skilled personal injury attorneys will zealously advocate for you in the courtroom. We understand the processes and tools required to move through a trial. One of these tools is called a “deposition.”
A deposition is the testimony of a party or witness in a civil or criminal proceeding. This is all part of the legal procedure known as the “discovery process,” which outlines the process and deadlines for information gathering in the context of a lawsuit. A deposition is taken before trial, typically in a lawyer’s office. Deposition testimony is taken orally with a lawyer asking questions while a court report or voice recorder records the testimony. Recently, the use of video has become more and more common, and depositions will usually have a video technician present who will record the entire deposition.
The person being deposed is known as the “deponent.” Depositions are taken under oath. After a deposition, the court reporter and deponent will typically sign affidavits confirming the accuracy of the printed transcript.
Under the Florida Rules of Civil Procedure, a deposition gives each side the chance to formally question the plaintiff and the defendant, as well as any other people who may have relevant information about the case. Put another way, individuals who have knowledge of facts that can lead to the “discovery” of admissible evidence may be deposed. Depositions carry the same weight as testimony provided on the stand in trial. In many instances, when an individual is unable to be physically present at trial, his or her testimony will still be read at trial through a deposition. This is not uncommon in regard to experts who are unable to attend the trial.
If you or someone you know is headed for trial for a personal injury claim, it is advisable to consult an experienced Miami auto accident lawyer who can handle your case. Robert Dixon has represented a number of clients throughout South Florida. Our firm will make every effort to get you the maximum amount of compensation allowable under the law. We will work diligently to investigate the facts of your case, work with adverse parties, consult experts, and otherwise do whatever it takes to get you in the most beneficial position possible. Call us today at our toll-free number at 1-877-499-HURT (4878) or contact us online to schedule a free, no-obligation consultation.
More Blog Posts:
Understanding Florida’s “Move Over” Laws, South Florida Injury Lawyer Blawg, November 19, 2014
Your Legal Rights After an Airplane Accident, South Florida Injury Lawyer Blawg, November 19, 2014