Florida Depositions in Personal Injury Lawsuits

On Tuesday, January 10, our Fort Lauderdale accident injury attorneys became aware that the family of the Florida A & M University (FAMU) student who died as a result of an alleged hazing attack last semester intends to file a civil lawsuit against the owner of the bus. According to the Boston Herald, Robert Champion, Sr. and his wife Pam Champion are alleging that Fabulous Coach Lines’ negligence contributed to the death of their son, Robert Champion. The family claims that the company allowed band members to get back on the bus to conduct hazing rituals on their son when they knew or should have known about the hazing incident. The alleged hazing attack is believed to have occurred when band members returned on the bus after returning to an Orlando hotel following a football game against Bethune-Cookman University. The owner of the bus line has said that his staff did everything to get help once they became aware of the attack. Further, the autopsy ruled the death a homicide and concluded that the decendant died as a result of blunt trauma to his body and shock caused by the severe bleeding. Also, we reported earlier that three of the university’s marching band members have been arrested and face criminal charges for their alleged involvement with the attack.  

Moreover, the story is reporting that at this time the Champions are unable to file a lawsuit against the university for another several months due to Florida law governing the procedure of filing a lawsuit against a public entity. However, by commencing a lawsuit against the bus company, the family’s attorney will be able to gather documents and depose witnesses. In a Fort Lauderdale personal injury action, during the discovery phase, the deposition technique is commonly employed by attorneys to obtain witnesses statements under oath or affirmation. The statements a witness makes during the deposition are subject to the laws of perjury. Additionally, the discovery phase is a fact finding phase, and the deposition is a device to elicit statements of facts that can later be used during trial. Also, a deposition is conducted outside of the courtroom and the presence of a judge. Those in attendances include the parties, witnesses, their attorneys and a stenographer to record the proceeding.

If you are the plaintiff in a personal injury lawsuit, the opposing counsel will ask you questions and you will provide an answer. However, as simple as it may sound, there are numerous issues which could arise during this process.  For example, a frequent issue that may arise concerns whether or not the deponent is required to answer an opposing counsel’s question. Since deposition proceedings are governed under the Florida Rules of Civil Procedures, and your Fort Lauderdale personal injury attorney will be present with you during your deposition, if you are unsure how or whether not to answer any question, you are free to consult with him or her regarding this matter.  

However, prior to the deposition, your Fort Lauderdale injury attorney will meet with you to discuss the deposition proceeding, which is also known as an Examination before trial (EBT) in many jurisdictions.  It is quite understandable that you may feel a bit nervous and tense about the deposition, however your attorney will prepare you and discuss the overall goals and objectives which need to be achieved in your lawsuit.

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