What to Expect During a Personal Injury Deposition

Understanding the Deposition Process

A deposition is a formal, out-of-court testimony given under oath as part of the discovery phase in a personal injury lawsuit. It allows attorneys from both sides to gather information, assess witness credibility, and build their cases. Depositions typically occur in a lawyer’s office, a court reporter’s office, or via video conference.

Who Attends a Deposition?

• The Deponent (You): The person being questioned.
• Attorneys: Your lawyer and the opposing counsel.
• Court Reporter: Records every word spoken to create a transcript.
• Videographer (Sometimes): If the deposition is recorded.
• Interpreter (If Needed): For non-English speakers.

Why Depositions Matter in Personal Injury Cases

Depositions help attorneys:

• Gather Facts: Clarify details about the accident, injuries, and treatment.
• Evaluate Credibility: Assess how well you present your case.
• Lock in Testimony: Prevent you from changing your story later.
• Prepare for Trial: Identify strengths and weaknesses in the case.

How to Prepare for Your Deposition

1. Review Key Case Details

• Revisit medical records, accident reports, and prior statements.
• Refresh your memory on dates, times, and specific events.

2. Meet with Your Attorney

• Your lawyer will conduct a mock deposition to practice answering questions.
• Discuss potential tricky questions and how to respond.

3. Dress Professionally

• Wear business casual or formal attire to convey respect for the process.

4. Get a Good Night’s Sleep

• Being well-rested helps you stay focused and composed.

5. Bring Necessary Documents

• Only bring what your attorney approves (e.g., medical bills, accident photos).

What Happens During the Deposition?

1. Swearing In

• You’ll take an oath to tell the truth, just like in court.

2. Basic Background Questions

• The opposing attorney will ask about your name, address, employment, and education.

3. Questions About the Accident

• Expect detailed inquiries about:
  • How the accident happened.
  • What you saw, heard, and did.
  • Weather and road conditions.
  • Witnesses present.

4. Medical Treatment & Injuries

• You’ll discuss:
  • All injuries sustained.
  • Doctors seen and treatments received.
  • Pain levels and limitations caused by injuries.
  • Pre-existing conditions (if relevant).

5. Financial Impact

• Questions may cover:
  • Medical expenses.
  • Lost wages.
  • Future earning capacity.

6. Lifestyle Changes

• The attorney may ask how injuries affect daily activities, hobbies, and family life.

7. Previous Legal Claims or Criminal History

• Be prepared to disclose past lawsuits or convictions if asked.

How to Answer Questions Effectively

1. Tell the Truth

• Lying under oath is perjury and can destroy your case.

2. Listen Carefully

• Ensure you understand each question before answering.

3. Keep Answers Short & Direct

• Avoid rambling—only provide necessary information.

4. Don’t Guess

• If you don’t know or remember, say so.

5. Stay Calm & Composed

• Opposing attorneys may try to provoke you—remain polite.

6. Let Your Attorney Object

• If a question is improper, your lawyer will intervene.

Common Deposition Tactics by Opposing Counsel

1. Rapid-Fire Questions

• Designed to confuse or catch inconsistencies.

2. Leading Questions

• Attempting to put words in your mouth.

3. Repetition

• Asking the same question differently to test consistency.

4. Silence

• Pausing to pressure you into saying more than necessary.

5. Hypotheticals

• Posing “what if” scenarios to gauge reactions.

What Happens After the Deposition?

• The court reporter finalizes the transcript.
• Your attorney reviews it for accuracy.
• The transcript may be used in settlement negotiations or at trial.

Frequently Asked Questions About Depositions

How Long Does a Deposition Take?

• Typically 2–4 hours, but complex cases may take longer.

Can I Refuse to Answer a Question?

• Only if your attorney objects, and the objection is sustained.

What If I Make a Mistake?

• Inform your attorney immediately—corrections can be made.

Can I Take Breaks?

• Yes, request one if needed (e.g., for restroom use or to consult your lawyer).

Will the Deposition Be Used in Court?

• Possibly, especially if your trial testimony differs from your deposition.

Final Tips for a Successful Deposition

• Be Honest but Strategic: Stick to facts without volunteering extra information.
• Stay Professional: Avoid arguing with the opposing attorney.
• Follow Your Lawyer’s Guidance: They know the best way to protect your case.

By understanding what to expect and preparing thoroughly, you can navigate your personal injury deposition with confidence.