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What happens after a Deposition

Altamonte Springs, FL |
Attorney answers 4

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Posted

Depositions are part of the "discovery" process, meaning that the other side is still trying to uncover information that can be used to defeat your claims and support their defenses. The purpose of the deposition was to get information from the deponent (i.e., the one who answered all the questions). So, what happens next will depend on the answers that were given. If you discussed pre-existing medical conditions or treatment for injuries that they didn't know about, they will likely subpoena medical records. If you mentioned other jobs at the time of the accident that they didn't know about, they will likely subpoena wage records. They might skip subpoenas and just set depositions of other people relevant to your case. If the injured worker said something under oath that the carrier side believes was both untrue or misleading and said for the purpose of obtaining benefits, then they will likely pursue a "fraud" defense to avoid providing any future benefits. Ultimately, the discovery process leads toward settlement or trial.

Posted

Case just continues on until trial or settlement

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

Posted

Typically a deposition does not indicate a pivotal time in a worker's compensation case. It is for discovery purposes. You need to speak to your attorney to determine what happens next in your case. You dont indicate who was deposed. That may matter also. Sometimes depositions are also taken for trial purposes, especially of experts or witnesses who will be out of the subpeona power of the Court when your case is set for final hearing.

Posted

I assume you have a lawyer. Ask him or her. If you don't have a lawyer, get one ASAP in Orlando who specializes in handling only injured workers not employers. If you have a lawyer, don't be shy....ask lots of questions and make sure you get answers. Learn about the law, the strategy, the tactics and the goal. You don't want to find out 1 or 2 years ago that your lawyer handled your case "McDonald's" style.
Bob Shapiro
advocate1@comcast.net

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