Personal Injury Deposition in Florida
A deposition is sworn out-of-court testimony taken during the discovery phase of yourFlorida personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$15,000 – $75,000
Avg Settlement
2 years
Filing Deadline
Deposition Tips for Florida Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Florida Law Overview
Florida underwent major personal injury law reform in 2023. The state remains a mandatory no-fault PIP insurance state, requiring $10,000 in PIP coverage to access medical benefits without proving fault. However, the 2023 HB 837 reform shifted Florida from pure comparative fault to modified comparative fault with a 51% bar, preventing plaintiffs bearing majority fault from recovering. The same law reduced the statute of limitations from 4 years to 2 years. These changes significantly favored defendants and insurers. Plaintiffs must still meet a serious injury threshold to step outside the PIP system and file a tort lawsuit for pain and suffering damages. Florida sees high litigation volumes due to its large elderly population, heavy tourist traffic, and active construction industry. Medical malpractice cases require a pre-suit investigation period and expert affidavit. Wrongful death claims have a 2-year statute of limitations under Fla. Stat. § 95.11.