The death of a loved one is painful enough without having to prove wrongdoing in their passing. If you believe the death was preventable and caused by another party’s negligence, you may have grounds to file a wrongful death lawsuit in civil court. However, before the case goes to trial, attorneys from both sides will conduct depositions to gather information.
As the plaintiff in a Florida wrongful death case, your deposition presents a crucial opportunity to provide details about the circumstances of your loved one’s death. Understanding what to expect can help you prepare.
Overview of the Deposition Process
In a wrongful death case deposition, attorneys ask questions that parties must answer under oath with a court reporter present. The transcript provides sworn testimony that may be used as evidence later.
Depositions allow the defense to assess your credibility and probe the facts you intend to present at trial. Plaintiffs benefit by uncovering details about the defense’s strategy and pinning down information provided by the defendants.
Attorneys typically hold depositions at their offices. Virtual depositions via video conference have become more common when appropriate. You will likely need to block off several hours for a thorough deposition. Breaks are allowed as needed.
Areas of Questioning to Expect
The defense attorney directing the deposition will explore every aspect of the wrongful death lawsuit. Areas they commonly focus on include:
Your relationship to the deceased
- How you knew the deceased person
- Your interactions and communications with them
- The support you provided or received
Details surrounding the death
- Where and when it occurred
- Who was present
- The sequence of events before, during, and after
Claims against the defendant
- Why you believe their actions or inaction caused the death
- Specific negligence or recklessness alleged
- Harm that resulted from their conduct
Damages
- Emotional trauma experienced
- Financial costs incurred for medical treatment, funeral expenses, etc.
- Loss of companionship or support
- Any other grief and suffering
Other knowledge
- What the deceased would say if they could testify
- What others know about the circumstances
- Background facts that could influence the case
How to Prepare for Your Deposition
Being ready to provide truthful, thoughtful answers helps you make the most of your deposition. Useful preparation strategies include:
- Reviewing: Carefully read your earlier statements and relevant documents so your deposition answers are consistent.
- Outlining: Make notes about key points to cover related to the deceased, the incident, negligence, damages, etc.
- Practicing: Ask your attorney to conduct a mock interrogation to simulate the real deposition.
- Calming nerves: Use breathing techniques and visualize responding confidently so you stay composed under pressure.
- Checking logistics: Confirm the time, location, and video conference details to avoid last minute surprises.
What to Expect from the Defense Attorney
The defense lawyer aims to poke holes in your wrongful death lawsuit during the deposition. They may aggressively probe inconsistencies or weaknesses related to:
- Who was at fault for the death
- How sure you can be about the sequence of events
- Gaps in evidence regarding negligence
- Vague assertions of emotional harm
- Minimal losses suffered by dependents
Stay calm and focused when questioned sharply. Do not argue. Answer only what is asked. Your attorney can object or clarify as needed. Tell the full story at the right time in court.
Working with Your Lawyer
Having an experienced Florida wrongful death attorney on your side that can prepare you for the deposition and defend your interests is critical. Specifically, your lawyer can:
- Explain the deposition process to eliminate surprises
- Help compile documentation supporting your claim
- Develop a deposition preparation strategy
- Object to inappropriate questions from the defense
- Request breaks if you need to collect yourself
- Follow up with clarifications after the deposition
Seeking Justice After Your Loss
Losing a loved one is bad enough without the added burden of a contentious legal process. But holding negligent parties accountable can improve safety for others while obtaining compensation to cover damages. By understanding what to expect and preparing thoroughly, your deposition presents a chance to take an important step toward justice and the compensation you so rightfully deserve.
If you have lost a family member due to another person or company’s negligence in Florida, please contact our experienced wrongful death attorneys at Monge & Associates for a free consultation by calling (888) 477-0597. We have 32 offices in 19 states, including Florida, South Carolina, and Georgia, and our legal team will fight to help you receive the maximum compensation available in your case. Don’t wait; contact us today.