A deposition is one of the most important events in a personal injury lawsuit. It is the primary opportunity for the opposing attorney to question you under oath before trial, and your answers can directly impact the outcome of your case. While depositions can feel intimidating, proper preparation makes a significant difference in how effectively you present yourself and protect your claim.
This guide walks you through what to expect during a deposition and how to prepare so you can present your testimony with confidence.
Key Takeaways
- A deposition is sworn testimony given outside of court as part of the discovery process in a lawsuit.
- The opposing attorney's goal is to gather information, lock you into specific statements, and look for inconsistencies that can be used against you at trial.
- Preparation with your attorney before the deposition is essential for a good outcome.
- Keep your answers short, truthful, and limited to what is actually asked.
- Common mistakes include guessing at answers, volunteering extra information, and getting emotional or argumentative.
- Establish facts about the accident, your injuries, and your medical history
- Lock you into specific testimony that can be compared to your statements at trial for inconsistencies
- Find weaknesses in your case, such as pre-existing conditions, gaps in medical treatment, or activities that contradict your injury claims
- Assess your credibility and how you would appear to a jury if the case goes to trial
- Discover information that might not appear in written documents
- Your full name, address, date of birth, education, and employment history
- Family and household information
- Exactly what happened before, during, and after the accident
- The sequence of events in as much detail as possible
- What you saw, heard, and felt at each stage
- What you said to anyone at the scene
- Every injury you are claiming from the accident
- Your symptoms and how they have changed over time
- How the injuries affect your daily life, work, and activities
- Your complete medical history, including pre-existing conditions
- All doctors, therapists, and specialists you have seen
- All medications you take, both related and unrelated to the injury
- How the accident has affected your ability to work
- Specific financial losses you have experienced
- How the injuries have impacted your quality of life and relationships
- Tell the truth. This is the most fundamental rule. Lying under oath is perjury and can destroy your entire case.
- Listen carefully to each question. Make sure you understand the question before answering. If a question is unclear, ask for it to be repeated or rephrased.
- Keep answers short. Answer only the specific question asked. Do not volunteer additional information or explain more than necessary.
- Do not guess. If you do not know or do not remember something, say so. Guessing can create false testimony that the defense will use against you.
- Stay calm and composed. The opposing attorney may try to frustrate or provoke you. Do not argue, get defensive, or become emotional.
- Pause before answering. Take a brief moment after each question. This gives your attorney time to make objections and gives you time to formulate a clear answer.
- Do not agree with the attorney's characterizations. If the opposing attorney summarizes your testimony in a way that is not quite accurate, correct them rather than agreeing for the sake of convenience.
- Avoid absolutes. Words like never, always, and every can lock you into positions that the defense can exploit if any exception exists.
- Rambling or providing long narrative answers that reveal more than necessary
- Trying to win the case during the deposition instead of just answering questions
- Downplaying or exaggerating your injuries
- Contradicting information in your medical records or prior statements
- Bringing documents to the deposition that you have not discussed with your attorney
- Discussing the deposition on social media before or after it occurs
What Is a Deposition
A deposition is a formal question-and-answer session conducted under oath. A court reporter records every word spoken during the deposition, and the transcript can be used as evidence at trial. In some cases, the deposition is also videotaped.
Depositions typically take place in an attorney's office rather than a courtroom. Present at the deposition are usually the plaintiff, the plaintiff's attorney, the defendant's attorney, and the court reporter. The defendant may or may not be present.
The opposing attorney asks questions, and you are required to answer truthfully. Your attorney is present and can object to certain questions, but you will generally still need to answer unless your attorney specifically instructs you not to.
What the Opposing Attorney Is Looking For
Understanding the defense attorney's goals helps you prepare for the types of questions you will face. The opposing attorney is typically trying to:
Common Deposition Questions
While every deposition is different, personal injury depositions typically cover several standard areas:
Background Information
The Accident
Your Injuries
Medical History
Damages
How to Prepare
Work With Your Attorney
Schedule a thorough preparation session with your attorney before the deposition. Your attorney should review the types of questions you are likely to face, practice your responses, and help you understand the boundaries of what you should and should not say.
Review Key Documents
Before the deposition, review the accident report, your medical records, any written statements you have previously given, and the complaint filed in your lawsuit. Being familiar with these documents helps you give consistent and accurate testimony.
Practice Answering Questions
Practice giving concise, direct answers. The deposition is not the time to tell your full story or explain every detail. Answer what is asked and nothing more.
Rules for Effective Deposition Testimony
Following these guidelines will help you give strong testimony:
Common Mistakes to Avoid
How Pre-Settlement Funding Supports Your Case
Depositions are a sign that your case is actively progressing through litigation, but resolution may still be months or years away. The financial strain of waiting for a settlement can make the process more stressful and can even affect how you present yourself during testimony.
Frontier Legal Funding offers pre-settlement funding to plaintiffs in active litigation. This non-recourse funding provides financial relief so you can focus on your case without the distraction of mounting bills. You repay only if your case results in a successful outcome. Contact Frontier Legal Funding to learn how pre-settlement funding can support you through the litigation process.