A deposition is a formal, out-of-court testimony given under oath as part of the discovery process in a lawsuit. During a deposition, attorneys from both sides ask questions, and a court reporter records the session.
A personal injury attorney can help you prepare, protect your rights, and respond appropriately to questions. Your answers can affect settlement discussions and the outcome of your case.
For any personal lawsuit, the discovery process is vital in your case. Here, both parties can obtain evidence from the other party’s hands. You may request documents and send sets of factual questions to the other party, and they can do the same. Discovery also includes depositions, where opposing counsel can question witnesses under oath.
If you are a witness to the case (and chances are that you will be if you filed the lawsuit), you can expect to have to sit for a deposition at some point during the lawsuit process. Your performance can be a make-or-break moment for your case.
Your attorney can protect your rights and recover fair compensation for your injuries.
Attorneys are trained professionals who understand the legal system and can provide you with guidance and support during a deposition.
Your personal injury lawyer can gather information during discovery and defend you when opposing counsel tries to take advantage of you. You stand little chance of achieving a favorable legal result if you do not have an experienced personal injury attorney representing you.
You want a personal injury lawyer in your corner; now is the time to reach out to one for your free initial consultation.
What Is a Deposition?
Depositions typically occur in a lawyer’s office, not a courtroom, but carry the same weight as courtroom testimony. A court reporter or notary will swear the deponent in, requiring them to tell the truth.
Attorneys may ask questions about the facts of the case, the involved documents, or the deponent’s background. A court reporter records the entire session, creating a written transcript that attorneys may use later.
While judges are not usually present, attorneys can make objections and strike certain statements from the record. However, the deponent still must answer most questions unless their attorney instructs them otherwise.
The purpose of a deposition is to lock in testimony, assess the strength of a case, and uncover new evidence. Attorneys can also use it to challenge a witness’s credibility if their statements later change at trial. Depositions are key in civil and criminal litigation, helping attorneys evaluate the case and plan their legal strategy.
Although a deposition is not a trial, it is still a critical part of the lawsuit process. The answers witnesses give can influence settlement discussions, support motions filed with the court, or even be read aloud to the jury if the deponent cannot appear at trial.
How you appear to the defendant and their attorneys during a deposition can be important to your case. If the defendant sees that you may make a persuasive witness at trial and you are ready to tell your story, they may be more likely to settle the case.
Conversely, suppose the defendant sees that you buckle under pressure or are uncertain about your story. In that case, they may be more likely to take the case to trial or take a harder line in settlement negotiations.
Common Deposition Questions:
- Your background (name, employment, medical history)
- Details of the accident
- Nature and treatment of your injuries
- Impact on your daily life
Mistakes to Avoid:
- Guessing or speculating
- Volunteering unnecessary information
- Becoming argumentative or emotional
- Lying or exaggerating
- Answering unclear questions without clarification
For personalized guidance, consult a personal injury attorney.
How Long Does a Deposition Take?
The length of a deposition in a personal injury case can vary, but most last between two and seven hours (the overall time limit for a deposition is seven hours – you will not have to answer questions for days on end).
Simpler cases with limited issues may resolve in under two hours, while more complex cases, especially those involving serious injuries, multiple parties, or extensive medical treatment, can take a full day or more.
People can take breaks during longer sessions. The goal is to gather thorough, accurate information, so attorneys aim to be efficient. Your attorney will help you prepare for the length and nature of your specific deposition.
Where Does a Deposition Occur and Who Is There?
A deposition typically occurs in a lawyer’s office, not in a courtroom, and both parties usually agree on the location in advance. The setting is more informal than a court, but the process is still legally binding. Occasionally, depositions can happen remotely via video conferencing, especially if one party is out of state or unable to travel.
At a deposition, several key individuals are usually present. These include the deponent (the person answering questions), attorneys for both sides and a court reporter who records the testimony and prepares an official transcript. Sometimes, a videographer may also record the deposition on video.
While depositions are not public, expert witnesses, interpreters, or insurance representatives may attend if their presence is relevant to the case.
A judge is not present, as depositions occur outside the courtroom (however, the parties can loop the judge in if there are any difficulties during the deposition). Each attendee plays a specific role to ensure the process is accurate, fair, and legally valid.
What Questions Do Lawyers Ask at a Deposition?
At a personal injury deposition, you can expect attorneys to ask a wide range of questions to uncover your case’s facts, assess the extent of your injuries, and evaluate the impact those injuries have had on your life.
The opposing attorney will lead the questioning, and although your attorney will be present to protect your rights, you must answer most questions truthfully and to the best of your ability.
Lawyers usually ask background questions first. These cover your personal information, such as your name, address, date of birth, education, employment history, and prior medical history. The attorney may also ask about any previous injuries or lawsuits to determine whether your current injuries are related to pre-existing conditions.
Lawyers need to lay the foundation for further questions they will ask. Thus, they will not seemingly “get to the point” by asking you directly about the accident at the beginning of the deposition.
Next, you will answer questions about the accident itself. These questions focus on how the incident occurred, where it happened, who was involved, and what you were doing at the time. Expect to explain the sequence of events, any statements made at the scene, and whether law enforcement or emergency services responded.
An attorney will also question you about your injuries and treatment. These inquiries will include the nature and severity of your injuries, the doctors you have seen, diagnostic tests, medications, and any surgeries or therapy you have undergone.
The attorney will want to understand your recovery process and current physical limitations. They will seek to portray your injuries in a certain way to the jury because jury members will assess damages if they find that the other party is liable.
Lastly, expect questions about the impact of the injury on your daily life. These questions may include how the injury has affected your ability to work, perform routine activities, enjoy hobbies, or maintain relationships. This information is relevant to establishing the pain and suffering damages you will receive if you win your case.
What Does My Personal Injury Attorney Do When I am Having a Deposition?
When opposing counsel questions you in a personal injury case, your attorney plays a vital role in protecting your rights and ensuring the process goes smoothly. Although your attorney cannot answer questions for you, they are there to guide you, object to improper questions, and clarify any confusing or misleading inquiries from the opposing attorney.
Before the deposition, your personal injury attorney will prepare you by reviewing the facts of your case, explaining what to expect, and going over the types of questions you are likely to face. They may coach you on how to give clear, honest, and concise answers without volunteering unnecessary information.
During the deposition, your attorney listens carefully to every question. If a question is irrelevant, overly broad, misleading, or violates your rights (for example, asking about privileged information), your attorney can object and instruct you not to answer. They may also request breaks if you are overwhelmed or need to regroup.
After the deposition, your attorney will review the transcript to ensure accurate recording of your testimony and that it is consistent with your legal strategy. Ultimately, your lawyer’s presence ensures that the deposition process is fair and that the other attorney does not take advantage of you with aggressive or manipulative questioning.
Mistakes to Avoid in a Personal Injury Deposition
During a personal injury deposition, it is just as important to know what not to do as it is to know what to say. You must avoid some mistakes when a lawyer deposes you in a personal injury case, including:
- Guessing or speculating: If you do not know or cannot remember something, it is perfectly acceptable to say so. Guessing can lead to inaccurate testimony that opposing counsel may later use against you in court.
- Talking too much or volunteering extra information: Keep your answers brief and directly responsive to the questions. The more you say, the more opportunities the opposing attorney has to find inconsistencies or challenge your statements.
- Arguing, getting defensive, or becoming emotional: Stay calm and composed, even if the questioning feels confrontational. Losing your temper can undermine your credibility and cause you to make mistakes.
- Lying or exaggerating your injuries: You are under oath during the deposition, and false statements can seriously damage your case. If the truth is uncomfortable or not in your favor, discuss it with your attorney, but never attempt to mislead.
- Answering questions you do not understand: Ask for clarification if something is unclear. Your attorney is there to protect your interests, so rely on them if you feel uncertain or pressured during the deposition process.
Working ahead of time with a personal injury attorney to prepare for your deposition can help you avoid common mistakes that may undermine your case.
What is the Effect of My Testimony in a Deposition?
Once you have answered questions at a deposition, you cannot testify in a manner inconsistent with what you have said. A court reporter will transcribe the testimony in your deposition, which can be part of the record in your case.
If you testify inconsistently when your case goes to trial, opposing counsel will point it out through an objection and may ask further questions during cross-examination. The effect is that opposing counsel will challenge and undermine your credibility.
Your lawyer may also use deposition testimony as part of a motion for summary judgment. After the discovery process, both sides may file motions seeking to have the judge rule on the case based on the material facts that are not in question.
If your deposition leads to facts not in dispute, your personal injury lawyer and opposing counsel may use them as the basis for their motions for summary judgment. It may be possible to win or lose your case without an actual trial, depending on what you have said at your deposition.
Again, it is hard to overstate the importance of the deposition in your personal injury lawsuit; your deposition can make or break your case. Thus, you must work with your personal injury attorney ahead of time to prepare.
You need to know what to expect because being surprised can have disastrous consequences for your case. You may not win your personal injury lawsuit at a deposition. Still, a strong performance can make it much more likely that you will win your case through a jury trial or a favorable settlement with the defendant.
A Personal Injury Attorney Is Standing By
Your attorney will advise you on how to answer questions, object to inappropriate or harassing questions, and protect your rights throughout the process. They will also explain the legal implications of your responses and strategize how to strengthen your case based on the information they obtained during the deposition.
Call a lawyer at (662) 728-9733 today to start your free case review.
