How to Prepare for a Personal Injury Deposition

Understanding the Deposition Process

A deposition is a sworn, out-of-court testimony given during the discovery phase of a personal injury lawsuit. It allows attorneys from both sides to gather information, assess credibility, and build their case strategies. Depositions typically occur in a lawyer’s office, with a court reporter transcribing every word.

Key Participants in a Deposition

• You (the Deponent): The person being questioned under oath.
• Defense Attorney: The lawyer representing the opposing party.
• Your Attorney: Your legal counsel, present to object to improper questions.
• Court Reporter: Records the testimony verbatim.
• Videographer (if applicable): May record the deposition for later review.

Steps to Prepare for Your Deposition

1. Review Key Case Documents

Before your deposition, thoroughly review:

• Medical Records: Understand your injuries, treatments, and prognosis.
• Police/Accident Reports: Refresh your memory on the incident details.
• Prior Statements: Review any written or recorded statements you’ve given.
• Correspondence: Emails, letters, or insurance claim documents related to the case.

2. Meet with Your Attorney

Your lawyer will conduct a mock deposition to simulate the actual experience. They will:

• Explain the types of questions you may face.
• Teach you how to answer clearly and concisely.
• Advise on handling aggressive questioning.

3. Understand the Questioning Tactics

Defense attorneys may use strategies to unsettle you, including:

• Rapid-Fire Questions: Designed to confuse or trip you up.
• Leading Questions: Attempting to put words in your mouth.
• Repetition: Asking the same question multiple ways to catch inconsistencies.

How to Respond:

• Stay calm and composed.
• Pause before answering to think.
• Stick to the facts—don’t speculate.

4. Practice Clear and Concise Answers

Your responses should be:

• Truthful: Never lie or exaggerate—perjury is a crime.
• Brief: Answer only what is asked—avoid volunteering extra information.
• Consistent: Match prior statements to avoid contradictions.

Example:

• Question: “How did the accident happen?”
• Good Answer: “The other driver ran a red light and hit my car on the driver’s side.”
• Bad Answer: “Well, I think they were texting, but I’m not sure, and maybe they were speeding too…”

5. Dress and Act Professionally

Your appearance and demeanor impact credibility.

• Attire: Wear business casual or formal clothing (e.g., slacks and a collared shirt).
• Body Language: Maintain eye contact, sit upright, and avoid nervous gestures.
• Tone: Speak clearly and confidently—avoid sarcasm or anger.

6. Prepare for Common Deposition Questions

Anticipate questions about:

• The Accident:
  • “Describe what happened in your own words.”
  • “Did you see the other vehicle before impact?”
• Injuries & Treatment:
  • “What injuries did you sustain?”
  • “Are you still receiving medical care?”
• Employment & Finances:
  • “Have you missed work due to injuries?”
  • “How has this affected your daily life?”

7. Know What Not to Say

Avoid:

• Guesses or Assumptions: If unsure, say “I don’t know” or “I don’t recall.”
• Opinions on Fault: Stick to facts—let attorneys argue liability.
• Discussions About Settlement: Never speculate on compensation.

8. Manage Stress and Anxiety

Depositions can be stressful. Techniques to stay calm:

• Breathing Exercises: Slow, deep breaths to steady nerves.
• Taking Breaks: Request a pause if overwhelmed.
• Trusting Your Attorney: They’ll object to improper questions.

9. Review and Verify the Transcript

After the deposition:

• You may receive a transcript to review for accuracy.
• Correct any errors in wording or facts.
• Sign only if the transcript is correct.

Common Mistakes to Avoid

• Rambling: Over-explaining can lead to contradictions.
• Arguing with the Attorney: Stay polite and composed.
• Discussing the Case Afterwards: Anything said post-deposition could be used.

Final Preparation Checklist

✅ Review all case documents.
✅ Practice with your attorney.
✅ Dress appropriately.
✅ Get a good night’s sleep before.
✅ Arrive early to the deposition location.

By following these steps, you’ll be well-prepared to give a confident, credible deposition that strengthens your personal injury case.