What to Expect from Deposition, Mediation, and Trial

Knowing what to expect from deposition, mediation, and trial can be beneficial when you are filing a personal injury lawsuit. Each phase has a specific purpose and can influence the outcome of your claim. Understanding how to handle each step will help you feel more confident and prepared when it comes to handling your legal issues. 

What is a Deposition? 

A deposition is when a witness or party involved in a case provides sworn testimony outside of the courtroom. This testimony is given under oath, recorded by a court reporter via a deposition transcript, and often videotaped to ensure an accurate record. Depositions in a personal injury case give attorneys the opportunity to gather information that may not have surfaced yet and assess how the testimony might play out during a trial. 

The main goals of a deposition include: 

• Gaining insight into the knowledge and perspective of the witness
• Preserving testimony that can later be used in court
• Identifying any potential surprises that might arise during trial
• Verifying facts that will be central to the case
• Adjusting trial strategies based on the new information, if any, that comes to light

Depositions usually take place in a less formal setting, such as an attorney’s office or remotely through video conferencing. While not in a courtroom, depositions carry the same weight as in-court testimony and can influence the outcome of a case. 

When do Depositions Happen? 

Depositions take place during the discovery phase of a lawsuit, which is the period when both parties exchange information and gather evidence to build their cases. The timing of a deposition can depend on how complex the case is and how much information needs to be collected. 

For example, if someone witnessed an accident that led to a liability lawsuit, they may be asked to give a deposition as part of the discovery process. All parties involved in the case, including attorneys, witnesses, and sometimes the opposing party, are permitted to attend the deposition. 

In Florida, depositions typically last a few hours, ranging from 2-7 hours. Florida Civil Procedure Rule 1.310 allows for a single 7-hour day for depositions unless special circumstances require more time or an agreement between the parties extends it. 

Questions to Expect in a Deposition

During a deposition, different questions will be asked to gather information, clarify your involvement, and assess the strength of the case. They generally fall into four categories: introductory, background, preparation, and case-specific questions. Let’s break down each type of question, with examples, to help you understand what to expect: 

• Introductory questions are used to establish your identity and basic information.
  • Please state your full name for the record. 
  • What is your current address? 
  • Have you participated in a deposition before? 
• Background questions gather general information about your personal history and background, including your professional life and any relevant experiences.
  • Tell us about your work history. 
  • Have you ever been involved in a similar legal case? 
  • Can you walk us through your educational background? 
• Preparation questions gauge how you prepared for the deposition and whether you have reviewed materials or discussed the case with anyone.
  • Did you review any documents or materials related to this case before today? 
  • Aside from your attorney, have you spoken to anyone else about the deposition? 
  • How did you prepare for today’s deposition? 
• Case-specific questions are direct questions about the case itself.
  • What do you remember about the events leading up to the accident? 
  • Do you have any documentation or evidence that supports your version of events? 

How Long After Deposition is Settlement?

The time between a deposition and a settlement depends on the specifics of your case. Settlement discussions can begin shortly after a deposition, sometimes within days or weeks. In more complex cases or those involving serious injuries, settlement negotiations may take months as both sides weigh their options and attempt to negotiate a fair resolution. If a settlement is not reached, the case may proceed to trial where a judge or jury will decide the outcome. 

What is Mediation? 

Mediation is when the involved parties attempt to resolve their issues with the help of a neutral third party known as a mediator. The mediator’s role is not to make decisions or determine who is right or wrong, but to facilitate a productive conversation in which the parties try to find mutually agreeable solutions. 

When Will Mediation Happen? 

Mediation can take place any time during a legal dispute, depending on the circumstances: 

• In many cases, mediation may be attempted before any formal legal action is taken. This can help avoid the time and expense of a court case if both parties are willing to negotiate to trial. 
• Mediation frequently happens after a deposition once both sides have gathered information and assessed the strength of their cases. At this stage, the parties may be more open to settling rather than proceeding to trial. 
• If a lawsuit is already in process, mediation may be scheduled at any point during the process. It is often used as a way to resolve disputes without going to trial. 

What Happens if Mediation Fails?

If mediation does not result in an agreement, there are a few things that can happen: 

• Even if mediation does not immediately result in a settlement, it may present an opportunity for further negotiations between the parties. 
• Some disputes may move to arbitration. In arbitration, an arbitrator (often a retired judge or attorney) listens to both sides and makes a binding or non-binding decision on the case. 
• If no resolution is reached through mediation or arbitration, the case will go to trial where a judge or jury will make the final decision. This is usually the last resort as litigation can be expensive, time-consuming, and stressful for everyone involved. 

How to Improve Your Chances of Settling Your Case

Settling a case before it goes to trial can save time, money, and stress. While mediation and negotiations can feel overwhelming, there are some steps you can take to improve your chances of reaching a favorable settlement. Here are some tips to help increase your chances of reaching a settlement agreement:

• Keep detailed records of all communications, medical treatments, expenses, and any other relevant information. 
• Be patient as settlements can take time and may involve several rounds of negotiation. 
• Be open and honest during mediation as transparency can build trust and lead to better outcomes. 
• Thoroughly prepare before mediation, knowing the key points of your case and what you’re willing to compromise on. 
• Stay calm and composed during discussions even if the negotiations become frustrating or emotional. 

What to Expect at Trial

If the negotiations during mediation don’t result in a settlement, a judge or jury will need to decide the outcome of your case. At trial, both sides will present their evidence, call on witnesses, and make their arguments. Here’s what you can expect if your case goes to trial: 

1. If your case requires a jury, attorneys from both sides will interview or ask potential jurors questions to identify any biases before selecting impartial jurors. 
2. Next, each side will give their opening statements. This is an opportunity for both your attorney and the opposing side to give an overview of the case from their perspective; however, these are just statements and cannot be considered evidence. 
3. After giving their opening statements, both sides will then present their evidence, call on witnesses, and cross-examine each other’s witnesses. 
4. During cross-examination, each attorney will question the other side’s witnesses to challenge their statements and expose any inconsistencies. 
5. Once all evidence and testimonies have been presented, both attorneys will make their closing arguments. Closing arguments can make or break a case as each attorney tries to persuade the judge or jury toward a favorable verdict for their respective client.  
6. If a jury is present, they will discuss the case in private to decide the outcome. In cases without a jury, the judge will review the evidence and deliver a verdict based on the facts that were presented during the trial.  

How Fine, Farkash & Parlapiano, P.A. Can Help

If you’ve suffered a personal injury and are facing a legal battle, don’t go through it alone. Contact Fine, Farkash & Parlapiano, P.A. today to discuss your case. Our experienced personal injury lawyers can guide you through every step of the legal process, from deposition to mediation to trial. Reach out for a free consultation today and let us help you achieve the justice you deserve.