If the case does not settle through the demand-and-negotiation process, your attorney will file a lawsuit. This opens the discovery phase — a formal exchange of information between both sides under court rules. The centerpiece of discovery, for most plaintiffs, is the deposition.

What is a deposition: A deposition is your sworn testimony, taken by the defense attorney, typically in a law office with a court reporter present. Everything you say is transcribed and can be used at trial. Your attorney prepares you thoroughly beforehand. The key principles: tell the truth, answer only the question asked, do not volunteer, and say “I don’t know” or “I don’t remember” when that is honest.

Defense medical examinations (DME): In Florida personal injury litigation, the defense is entitled to have you examined by a physician of their choosing — often called an “independent medical examination” (IME), though “independent” is a generous description. These doctors are frequently hired regularly by insurance companies. Your attorney will prepare you and may retain experts to counter their opinions.

Mediation: Florida courts require mediation before trial in most civil cases. A neutral mediator (typically an experienced attorney or retired judge) facilitates settlement discussions between both sides. The mediator has no authority to force a resolution. But mediation resolves the majority of Florida personal injury cases that reach it — because everyone has a clear picture of the case by then, and the cost of trial is real.

Key Takeaways

• Deposition testimony is sworn and can be used at trial — preparation is essential
• Answer truthfully, answer only what is asked, never volunteer information
• “I don’t know” and “I don’t remember” are honest, legitimate answers
• The defense IME physician is not your doctor — their findings are often disputed
• Mediation is required by Florida courts and resolves most cases pre-trial
• Your attorney will be present with you at every deposition and mediation