A personal injury lawsuit involves several stages, ranging from filing the initial complaint to negotiating a settlement or heading to trial. Among these stages, the deposition stands out as one of the most critical landmarks in your case. If you have filed a personal injury claim, you will likely have your deposition taken by the defense attorney.
While the prospect of being questioned under oath can feel intimidating, understanding the process can alleviate your anxiety. Knowing what happens behind closed doors, who will be in the room, and how the questioning flows will help you approach your deposition with confidence.
Understanding the Purpose of a Deposition
A deposition is an out-of-court session where a witness provides sworn testimony. It is a core element of the discovery phase, which is the formal process where both sides exchange information before a trial. The primary goal of the defense attorney is to gather facts, assess how you will present yourself to a jury, and uncover any inconsistencies in your story.
The testimony you give during a deposition carries the exact same legal weight as testimony delivered in a courtroom before a judge and jury. You are placed under oath, meaning you swear to tell the truth under penalty of perjury. A court reporter will be present to record every word spoken, creating an official written transcript that can be used later during the trial to challenge your credibility if your story changes.
Who Will Attend the Deposition
Depositions do not take place in a courtroom. Instead, they typically happen in a neutral location, such as a conference room at a law firm, a court reporter’s office, or even remotely via video conferencing software. Despite the informal office setting, the proceeding is strictly formal.
The room will contain a specific group of individuals:
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The Plaintiff: This is you, the injured party who filed the lawsuit.
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Your Personal Injury Attorney: Your lawyer sits next to you to protect your rights, object to improper questions, and offer guidance.
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The Defense Attorney: The lawyer representing the person or company you are suing. This individual will ask the vast majority of the questions.
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The Court Reporter: A neutral professional who operates a stenograph machine to type out every question, answer, and verbal exchange to create a verbatim transcript.
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A Videographer: In certain cases, especially those involving severe injuries or high financial stakes, the defense may record a video of the entire session to capture your facial expressions and body language.
The Core Phases of Questioning
Defense attorneys generally structure their questions chronologically or topically to build a comprehensive narrative of your life before, during, and after the accident. You can expect the questioning to cover four primary categories.
Background and Personal History
The deposition will begin with relatively simple questions designed to establish who you are and to get you accustomed to speaking on the record. The defense attorney will ask about your full legal name, date of birth, current and past addresses, and your educational background.
They will also delve into your employment history, asking about your job duties, physical requirements of your work, and your income level. Additionally, they will ask about your criminal history, marital status, and general lifestyle before the injury occurred.
Pre-Existing Medical Conditions
One of the main goals of the defense is to prove that your current injuries were not caused by the accident in question. They will ask extensively about your medical history, looking for past injuries, chronic pain, or prior surgeries that involve the same parts of your body injured in the accident.
It is crucial to realize that having a pre-existing condition does not disqualify your claim. However, failing to disclose a past injury when asked will destroy your credibility, which can ruin your case entirely.
Details of the Incident
The defense attorney will require you to walk through the exact day of the accident step by step. If your case involves a car crash, they will ask about the weather, the time of day, your speed, what lane you were in, what you were looking at right before the impact, and what you did immediately after the collision.
They are looking for any indication that you contributed to the accident or failed to take reasonable actions to avoid it. They will also ask if you spoke to anyone at the scene and what you said to them.
Medical Treatment and Current Physical Limitations
This phase focuses on the damages you are claiming. The attorney will ask when you first sought medical care, what symptoms you reported, and what treatments you received, such as physical therapy, medications, or injections.
They will also ask how the injuries have impacted your daily life. You will need to describe specific activities you can no longer perform, how your personal relationships have been affected, and whether you continue to experience daily pain or emotional distress.
Basic Ground Rules for Giving Testimony
How you answer questions is just as important as the answers themselves. Adhering to a few core principles will help prevent you from inadvertently damaging your own personal injury claim.
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Listen to the Entire Question: Wait until the defense attorney completely finishes speaking before you begin your answer. This ensures you understand exactly what is being asked and prevents you from cutting off the court reporter.
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Answer Verbally: The court reporter cannot record nods, shrugs, or utterances like uh-huh. You must state your answers clearly using words.
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Be Truthful: Never exaggerate your injuries or downplay past medical problems. If you are caught in a lie, the defense can use it to discredit everything else you say.
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Do Not Guess: If you do not know the answer to a question, it is completely acceptable to state that you do not know or do not remember. Guessing can lead to inaccurate statements that bind you later.
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Keep Answers Concise: Answer only what is asked. Do not volunteer extra information, offer explanations, or try to justify your actions. If a question can be answered with a simple yes or no, stop there.
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Pause Before Answering: Give your attorney a moment to object to a question before you speak. If your attorney objects, stop talking and wait for them to instruct you on whether or not you should answer.
Frequently Asked Questions
How long does a typical personal injury deposition last?
The duration of a deposition depends heavily on the complexity of the case, the number of vehicles or parties involved, and the severity of the injuries. A straightforward car accident deposition might conclude in two to three hours. More complex matters, such as commercial truck accidents or medical malpractice claims, can take a full day or may even be split across multiple days. Most jurisdictions place a legal limit on depositions, often capping them at seven hours per witness unless a judge grants an extension.
Can I take breaks during my deposition?
Yes, you have the right to request a break at any point during the proceeding to use the restroom, stretch, get water, or speak privately with your attorney. However, if a specific question has already been asked, you are generally required to answer that question before a break can be taken.
What should I wear to my personal injury deposition?
You should dress in neat, professional, and conservative attire, similar to what you would wear to a job interview or a formal business meeting. Avoid flashy jewelry, clothing with visible slogans, or overly casual outfits like shorts and sandals. Your appearance signals to the defense attorney that you take the legal process seriously, and it helps project an image of a reliable, credible witness to the insurance company evaluating your case.
What happens if I make a mistake or misspeak during my testimony?
If you realize you gave an incorrect or confusing answer earlier in the session, you can correct it at any time while the deposition is still ongoing. Let your attorney know, and they will clarify the record. Additionally, after the deposition concludes, the court reporter will type up the transcript and send it to you for review. During this review period, you can fill out an errata sheet to correct typographical errors or clarify statements, though making major changes to the substance of your answers can look suspicious to the defense.
Will the judge be present at the deposition to rule on objections?
No, judges do not attend depositions. If your attorney objects to a question, they will state the objection for the written record to preserve it for later. In most cases, you will still be instructed to answer the question despite the objection. If the case goes to trial, the judge will read the transcript and decide whether that specific question and answer can be presented to the jury. The only time your attorney will instruct you not to answer at all is if the question violates attorney-client privilege or asks for protected information.
Can the defense attorney ask about my social media accounts?
Yes, defense attorneys routinely ask about social media activity during depositions. They may ask what platforms you use, how often you post, and whether you have posted any photographs or updates regarding the accident or your recovery. They use this information to see if your online posts contradict your claims of physical limitation or emotional distress, which is why legal professionals generally advise keeping social media profiles private during an active lawsuit.
Does a deposition mean my personal injury case is going to trial?
Not necessarily. In fact, the vast majority of personal injury cases settle out of court, and a deposition often acts as a catalyst for a settlement. Once the defense attorney sits down with you and hears your testimony firsthand, they can better evaluate how strong of a witness you will be in front of a jury. If you perform well, remain calm, and present a clear, honest account of your injuries, the insurance company may realize they face a high risk at trial and offer a fair settlement shortly after the deposition concludes.
