Whether you are dealing with a Work Comp. claim or a Family Law dispute, there are many ways to go about obtaining evidence to further your case. One often-used method is something called a deposition. Today I want to delve deeper into what a deposition is so that you can understand what this means for your claim/case.
According to the Legal Information Institute, a deposition is “a witness’s sworn out-of-court testimony used to gather information as part of the discovery process.” While the premise of all depositions is relatively similar, I am going to break down the differences when it comes to a Work Comp. deposition vs. a Family Law deposition.
Work Comp.
A workers’ comp. deposition is one of the first opportunities for the injured worker to make an impression on the insurance company. In a Florida Work Comp. deposition there may be several people present in the room. Generally, this consists of the injured worker, their attorney, the defense attorney, and a court reporter to make an official record of the proceedings. Of course, in today's world the depositions may take place over Zoom so that everyone is in a digital meeting room!
There are a number of questions that you may be asked during your Work Comp. deposition. Here are just a few examples:
- Medical history (can include general health questions)
- Any prior Work Comp. injuries
- Job title and description of job
- How the injury occurred
- When the injury was reported and to whom
- Treatment, if any, that was received prior to the deposition and what your work status has been determined to be as of that time.
It is always best to discuss any confusion or concerns with your attorney regarding depositions. Additionally, it is important to give full and accurate information during the course of your deposition.
Family Law
Much like Workers’ Comp., a deposition in Family Law is a critically important tool in gathering evidence about your dispute.
While depositions are an important tool, they can also be incredibly expensive, and this is something to keep in mind as your case continues to move forward. In order to conduct a deposition in Florida, the other party must be given notice of the deposition’s time, location, and names of the person/persons to be deposed.
Some questions that you may be asked are:
- How long you have been married
- If there are any children and their ages
- Your current and past employment history
- Your educational history
- Where you live and the type of residence that you have
- Other background information like birthday and various personal history
Again, it is best to iron out any issues or concerns that you may have with your attorney. Here too, it is important to be truthful and make sure you fully understand what is going on during the process.
I hope that you have found this explanation of depositions as well as their meanings in the Family Law and Work Comp. context helpful. Depositions can be a great tool to learn more about a case and should not be something for you to worry about. Should you have any other questions or need further clarification, please do not hesitate to contact our office so that we can assist you to the best of our ability!
***The thoughts, facts, and explanations contained in this blog are meant to serve as informational only. They in no way constitute legal advice. Should you have any questions about your claim, please fill out our contact form to schedule your free consultation.
Sources: https://www.law.cornell.edu/wex/deposition
https://cjsmithlaw.com/resources-injured-workers/florida-workers-compensation-deposition/
https://www.floridadivorcelawfirm.com/depositions#:~:text=Depositions%20allow%20one%20party's%20attorney,a%20litigant's%20discovery%20tool%20kit.
https://www.myfloridalaw.com/how-to-prepare-for-a-deposition/
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