During a car accident deposition, you should expect to answer a range of questions about your collision, your injuries, and your financial losses.
If you sustained serious injuries in a car accident another driver’s negligence caused, you have the legal right to pursue fair financial compensation. However, in Florida, state law does not require a car accident case to go to court. In most cases, a car accident lawyer with our firm can help you recover compensation through an out-of-court settlement with the at-fault driver’s insurance company.
Whether your case settles outside of court, or you go to trial, chances are the involved insurance companies and opposing attorneys will want to depose you. During the deposition, you, not your attorney, will answer questions, making it important that you show up prepared. Our lawyers can prepare you for the process, helping to minimize the stress and prevent it from seeming overwhelming.
What Is A Deposition?
According to the Legal Information Institute (LII), a deposition is a witness’s sworn, out-of-court testimony. Depositions serve as a “question and answer” session with involved parties and occur during the pre-trial, or “discovery,” phase of a lawsuit.
Either side involved in the case can request a deposition, and if the other driver or their attorney asks to take your deposition, the law requires that you do so. Depositions usually do not take place in a courtroom but rather in an attorney’s office or other mutually agreed upon location. During the deposition, either side can question witnesses, and testimony may be recorded.
What Questions Will The Other Side Ask During A Car Accident Deposition?
Theoretically, the other side can ask you anything they want. However, most likely, they will ask detailed questions about the day of the crash, the crash itself, and any injuries you claim you suffered. The opposing party’s overarching goal is to catch you contradicting yourself or demonstrating a lack of credibility.
Some examples of questions you should expect in a deposition for a car accident include:
- What is your recollection of the car accident?
- What were you doing immediately before the accident?
- Are you currently on any medications? Did you take those medications on the day of the crash?
- How much income have you lost from work? How does your employer pay you? What is your salary? If you are self-employed, how do you calculate your earnings?
- Do you have any pre-existing conditions related to the current injuries you claim resulted from your accident?
These are just examples; the nature of the questions varies greatly based on the specific circumstances surrounding your accident. Fortunately, the law allows you to have an attorney present, which is something you should do to protect your rights.
How Can Our Attorneys Help With Your Deposition?
It may benefit you to consult with our attorneys long before your deposition occurs. We can work with the other side’s attorney to come up with a mutually agreeable time and location for the deposition to take place. We can also prepare you for the deposition, a process that might include role-playing or coming up with likely questions you should expect the other side to ask.
We can also depose the at-fault driver, witnesses, and anyone else who may have valuable information to contribute that supports your case. Just as the other side uses a deposition to attempt to extract information from you that they can later use against you, you have the ability, along with our attorneys, to do the same to them.
When Can I Take My Florida Car Accident Case To Court?
Florida is a no-fault insurance state, which essentially restricts when drivers can file lawsuits after car accidents. Under these no-fault rules, each driver must have a policy that includes personal injury protection (PIP) coverage mandated by Florida Statutes § 627.736. PIP policy minimums provide $10,000 worth of coverage, which can be enough to cover medical bills and lost wages from minor injuries.
No-fault rules mean you need to draw from your own PIP insurance coverage after a crash—unless you have severe injuries. If you or your family member’s injuries meet the state’s serious injury threshold, you may be able to file a liability insurance claim or personal injury lawsuit against the party who caused your crash.
Through a liability claim or lawsuit, you can also pursue compensation for other losses not covered by PIP. Injuries that meet the serious injury threshold include:
- A serious impairment of a bodily organ or system
- Significant scarring or disfigurement
- Permanent disabilities in an arm, leg, or other limbs
- Other serious injuries such as a bone fracture
Damages You Can Recover Through A Car Accident Liability Claim Or Lawsuit
If you can only pursue compensation through your PIP insurance, you can only collect compensation for a portion of your medical costs and lost wages. However, if we determine that you can make a claim against the at-fault driver’s insurer or file a personal injury lawsuit, you can recover several other damages not covered by your state-mandated PIP insurance, including:
- Medical costs
- Lost wages
- Future wages and benefits if you are unable to return to work
- Prescription medications
- Wheelchairs or walkers
- The cost of ongoing care
- In-home nursing care
- Physical pain and suffering
- Emotional and mental anguish
- Other accident-related costs, including household services
Taking Your Case To Court If An Insurer Will Not Make A Fair Offer
An attorney with our firm may begin your case by immediately filing a lawsuit. Or, your case may start out as an insurance claim, and we may eventually file a lawsuit. Legal action may be necessary because you do not receive a fair offer during the insurance claims process, or the insurance company is operating in bad faith.
How Long Do I Have To File A Lawsuit?
You will have to file within the statute of limitations imposed by Florida Statutes § 95.11, which allows four years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you could be barred from seeking the compensation you deserve. Our attorneys can help you keep your case on track to meet this deadline.
Contact The Law Offices Of Anidjar & Levine Today For Help With A Car Accident Deposition
The success of your court case depends on many factors. However, having a lawyer’s knowledge, experience, and skills can help you secure the financial compensation you need. The right attorney will build a strong case to present in court and work tirelessly to give you the best possible chance of a positive outcome.
Our personal injury attorneys at the Law Offices of Anidjar & Levine will help you understand what to expect during a car accident deposition. We will fight to get the settlement you need to protect your future. Contact us today to explore your options during a free consultation.
We Can Help.