If your personal injury case has moved past the initial claim phase and into a personal injury lawsuit, there is a good chance you will be asked to participate in a deposition. For most of my clients, this is the part of the deposition process that makes them the most nervous. You are sitting across from the opposing counsel, answering questions under oath, and everything is being recorded. I understand the anxiety. But a deposition in a personal injury case is not a courtroom ambush. If you know what to expect during a deposition and you prepare properly with an experienced personal injury attorney, you can get through the entire deposition process with confidence.
What Is a Deposition in Your Personal Injury Case?
A deposition is a formal session of questions and answers that takes place under oath, usually in an attorney’s office or conference room. A court reporter will transcribe every word. In some cases, the deposition may also be videotaped and could be used later in court if the case goes to trial. Attorneys for both sides are present throughout the process.
The deposition is part of the discovery process in a lawsuit. The opposing counsel wants to learn about your version of events, your injuries, your medical treatment, and anything else relevant to the case. They are also evaluating you as a witness. A deposition helps the defense assess whether you are calm and consistent, or whether you get flustered and contradict yourself. The deposition is to lock you into a specific version of your testimony that can be used in court later, which is why preparation with your personal injury attorney can help you avoid costly mistakes that could make or break your case.
Who Is in the Room During the Deposition Process?
A typical deposition in a personal injury lawsuit includes:
- You, the plaintiff and deponent
- The defense attorney (opposing counsel) who will ask you questions to uncover weaknesses in your case
- Your personal injury lawyer who will sit next to you, object to improper questions, and help protect your rights
- A court reporter who swears you in and will record every word of the questions and answers
- A videographer if the deposition testimony is being recorded on video
The defense attorney runs the session. Your attorney may object to certain questions but generally will not coach you through answers. Their role is to make sure the process is fair and that you are not pressured into answering anything inappropriate.
What Kinds of Questions Will the Attorney Ask?
The attorney will ask you questions about several broad areas. Expect the opposing counsel to cover your background, describe the accident and how the accident happened, ask about every injury that occurred, review your medical treatment, and question how the impact of the injury has affected your daily life.
They will ask about any serious injury you are claiming, when symptoms first appeared, what doctors you have seen, and whether you had pre-existing conditions before the accident. They will also ask about your daily activities to test whether your claimed limitations are consistent with how you are actually living. If you don’t know the answer to a question, say so honestly rather than guessing. You must answer truthfully since you are under oath, but you are not required to speculate.
How to Prepare for a Deposition
Preparation is everything, and your experienced personal injury attorney can help you prepare for what to expect. An experienced personal injury lawyer will review the facts of the case based on the evidence and go over the types of questions you are likely to face. Here is what I tell my clients:
- Tell the truth. Your deposition testimony is under oath. A lie can destroy your personal injury case and expose you to perjury charges.
- Listen to the full question. Do not anticipate where the attorney is going. Wait until they finish, pause, and then answer.
- Keep answers short. Answer what was asked and stop. Do not volunteer extra information. If they want more detail, they will ask for clarification.
- Say “I don’t remember” when true. You are not expected to recall every detail. Guessing is far worse.
- Stay calm. The defense attorney may try to frustrate you. Your job is to answer questions, not to argue. A deposition can help your case if you remain composed.
- Ask for a break if you need one. You are allowed breaks as long as there is no pending question.
If your experienced personal injury lawyers have properly prepared you, the deposition should feel manageable. Most last a few hours.
What Happens After a Deposition?
After the deposition, the court reporter will record and prepare a written transcript. Your attorney will review the transcript to make sure it is accurate. The deposition testimony can be used later in court at trial. If your trial testimony differs from what you said at the deposition, the opposing counsel will highlight the inconsistency for the jury.
The deposition also influences settlement negotiations. After seeing how you perform as a witness, the defense may be more willing to settle the case rather than risk going to court. A strong deposition can help build a strong case and push the insurance company toward a fair outcome. Whether your injury case goes to trial or you reach a settlement often depends on the strength of your case as demonstrated throughout the discovery process.
A Deposition Can Help Your Case
Many personal injury clients are surprised to learn that a deposition can help their case, not just the defense. A compelling, honest deposition helps your attorney evaluate the case and strengthens your position in settlement negotiations. If the defense sees a confident, credible plaintiff, they are more likely to offer fair compensation rather than risk a trial. The outcome of your case may depend on how well you prepare for trial and the deposition stage of the lawsuit.
If your personal injury case is heading toward a deposition, do not wait. An experienced personal injury attorney can help you prepare so you feel ready for every question. Contact my law firm to discuss the next steps in your case.
Common Questions About the Personal Injury Deposition
Many clients ask what they should avoid in a deposition and what questions will they ask. The defense attorney will ask detailed questions about the accident and injury, including exactly how the injury occurred, what you were doing when the accident happened, and the facts of your case. They want to know if the accident was due to someone else’s negligence and will probe for any inconsistency. Both the plaintiff and defendant have the right to sit for a deposition during litigation.
Your lawyer may object to questions that are inappropriate, but you are still required to answer any questions that are properly asked. The court reporter swears you in at the beginning, and everything you say is recorded. If your case does not settle and you need to go to trial, your deposition answers will be compared to your live testimony when you testify in court. Preparation eliminates the need for a trial in many cases because a strong deposition shows the defense that you are ready for trial and can answer any questions credibly. Your attorney will help you understand the facts of your case and coach you on how to describe the accident clearly.
Have questions about your case? Get answers from an experienced personal injury attorney.