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What is a Deposition?

Brian Wiklendt in Client DepositionBrian Walks You Through a Deposition

Hi I’m Brian Wiklendt with Garfinkel Schwartz. Under the Defense Base Act the insurance company has the right to do your deposition, to take your deposition. But “what is a deposition?”

I’m here in our Maitland Florida office today and we have a deposition with the client scheduled. I’m going to walk you through what happens in a deposition.

What’s a Deposition?

The Order of Events in a Defense Base Act Law Case

  1. You choose a lawyer and sign the papers
  2. You meet with Brian Wiklendt who flies to meet with you
  3. You set priorities together on how to move forward
  4. You plan for the case
  5. Deposition
  6. Before Court Hearing
  7. Ask Questions and Get Answers
  8. Helps to Determine Settling or a Trial
  9. Discovery Period
  10. Case transfers from The Department of Labor to an Administrative Law Judge
  11. Judge sends Trial Order
  12. Deadlines for:
    a. Depositions
    b. Written Discovery
  13. Questions about your life
  14. Questions about your job
  15. Questions about your education & skills
  16. Questions about the event
  17. Witnesses to the Event
  18. Transcriptions of Deposition
  19. Medical questions from your doctor
  20. Questions about your status

What’s a Deposition? A deposition is what occurs before the court hearing happens — the insurance company — has the right to ask the questions in a leading type manner.

Discovery Period

They have the right to do a deposition during what’s called discovery purposes so that they know all their questions can be answered by you so they can get a proper assessment of the claim and whether it should be settled or whether they want to take it to trial.

What Happens

Defense Base Act Law FlagDepositions occur after your case gets transferred to the Department of Labor to an administrative law judge. Once the administrative law judge—sometimes this happens earlier but that would be be by agreement of the parties.

But once the administrative law judge sends his trial order, he gives deadlines for depositions and written discovery and things like that. And that deposition is then transcribed into a transcript it’s under oath with a court reporter.

What Do They Ask?

The insurance companies usually go through your entire life pretty much starting in high school all the way until you got injured.

They ask about your experience level. What exactly happened? What is your version of the events are? Any witnesses that you might have.

I then have the right to depose any of your treating physicians for trial and get explanations in their medical records to properly explain what your condition is.

Don’t Worry You’ll Be Prepared

It’s not really something to be concerned about. But it’s definitely something to prepare for. And what I do is I always go in person no matter where you are to the deposition and I always prepare my client before the deposition.

Way back when, when I worked for large companies, that would be a firing offense in my old firm if you didn’t properly prepare the witness at least the day before the deposition because traffic occurs, things like that happen and if you’re not properly prepared you’re not really going to know how to answer the questions.

You’ll Be Ready and I Am By Your Side

Now I don’t coach people. That’s a word that I’m not allowed to say, I just prepare you as to what to expect. Why the questions are being answered and if there are objections to be made then I’ll make those appropriate objections if the question is inappropriate.

Sometimes I’ve seen that if you go into a deposition without an attorney, it seems like the attorney from the insurance company could take advantage of that and could start asking questions that may not be appropriate.

You Must Have an Attorney

So if you don’t hire me by the time you’re at the deposition stage when you’re getting ready for a formal hearing, you should hire someone that knows exactly what they’re doing and who has prepped hundreds of people for their depositions especially under this law.

So hopefully this was some good information for you. Call me or email me anytime. I’ll be glad to help you through the process anyway I can.

And again I can also still monitor cases we do that all the time. But when it comes to case and depositions you really should be represented by that point.

So again Brian Wiklendt Garfinkel Schwartz signing off from our Maitland office. Thanks for listening.