Preparing for a Personal Injury Deposition

Understanding the Deposition Process

A deposition is a formal question-and-answer session conducted under oath, where the opposing attorney gathers information about your personal injury case. It is a critical part of the discovery phase in litigation, allowing both sides to assess the strengths and weaknesses of the case. Depositions typically occur in an attorney’s office, with a court reporter present to transcribe the testimony.

Key Participants in a Deposition

• Plaintiff (You) – The injured party providing testimony.
• Defense Attorney – The lawyer representing the at-fault party, asking questions.
• Your Attorney – Present to object to improper questions and guide you.
• Court Reporter – Records every word spoken for an official transcript.
• Videographer (if applicable) – Films the deposition for later review.

Steps to Prepare for Your Deposition

1. Review Your Case with Your Attorney

Before the deposition, meet with your personal injury lawyer to discuss:

• Case Details – Review the accident, injuries, medical treatment, and financial losses.
• Potential Questions – Your attorney will simulate deposition questions to help you practice.
• Legal Strategy – Understand what information is relevant and what to avoid disclosing.

2. Refresh Your Memory

Revisit key documents to ensure accuracy in your testimony:

• Police/Accident Reports – Verify dates, times, and statements made at the scene.
• Medical Records – Review diagnoses, treatments, and doctor’s notes.
• Bills & Receipts – Know the exact costs of medical care, lost wages, and other damages.
• Prior Statements – Check any written or recorded statements given to insurers or investigators.

3. Practice Answering Questions

The defense attorney will ask probing questions to challenge your credibility. Practice:

• Staying Calm – Avoid emotional reactions; answer questions factually.
• Being Concise – Answer only what is asked—no unnecessary details.
• Avoiding Speculation – If you don’t know, say, “I don’t recall” or “I’m not sure.”
• Not Volunteering Information – Do not guess or assume; stick to facts.

4. Dress Professionally

First impressions matter. Wear conservative, professional attire:

• Men – Collared shirt, slacks, and dress shoes.
• Women – Blouse, skirt or slacks, and closed-toe shoes.

Avoid flashy jewelry or distracting clothing.

5. Understand Common Deposition Questions

Prepare for these frequent lines of questioning:

Background & Personal History

• Full name, address, employment history, education.
• Prior injuries or medical conditions.

Accident Details

• Date, time, and location of the incident.
• Weather, road conditions, and visibility.
• What you were doing before, during, and after the accident.

Injuries & Medical Treatment

• Description of injuries sustained.
• All doctors, hospitals, and therapists visited.
• Medications taken and side effects experienced.

Impact on Daily Life

• How injuries affect work, hobbies, and family life.
• Any activities you can no longer perform.

Financial Losses

• Medical expenses, lost wages, and future treatment costs.

6. Know How to Handle Tricky Questions

Defense attorneys may use aggressive tactics to undermine your testimony. Be prepared for:

Leading Questions

• “You weren’t really hurt that badly, were you?”
  • Response: Stick to facts. “I suffered [specific injuries] and required medical treatment.”

Repetitive Questions

• The attorney may ask the same question multiple ways to catch inconsistencies.
  • Response: Stay consistent; don’t change answers under pressure.

Hypotheticals

• “If you had been paying more attention, the accident wouldn’t have happened, right?”
  • Response: Avoid agreeing with hypotheticals. “I believe the other party was at fault because…”

Fishing for Exaggerations

• “You’re just suing for money, aren’t you?”
  • Response: Remain composed. “I’m seeking fair compensation for my injuries and losses.”

7. Follow Proper Deposition Etiquette

• Speak Clearly – Ensure the court reporter records every word.
• Take Your Time – Pause before answering to think.
• Ask for Clarification – If a question is unclear, say, “Could you rephrase that?”
• Do Not Argue – Stay respectful, even if the attorney is confrontational.
• Tell the Truth – Lying under oath can result in perjury charges.

8. Manage Stress & Stay Focused

Depositions can be stressful. Use these techniques:

• Breathe Deeply – Stay calm if questions feel aggressive.
• Stay Hydrated – Bring water to avoid dry mouth.
• Take Breaks if Needed – Ask for a short pause if overwhelmed.

9. Post-Deposition Review

After the deposition:

• Debrief with Your Attorney – Discuss what went well and any concerns.
• Review the Transcript – Your lawyer will obtain a copy for accuracy.
• Prepare for Next Steps – The deposition may lead to settlement talks or trial preparation.

Final Considerations

• Do Not Discuss the Case Afterwards – Avoid talking about your testimony with anyone but your lawyer.
• Stay Consistent – Any changes in your story can harm your credibility.
• Follow Legal Advice – Trust your attorney’s guidance throughout the process.

By thoroughly preparing, you can confidently navigate your personal injury deposition and strengthen your case.