What to Expect During a Personal Injury Deposition

So you’ve got a deposition coming up.

The deposition is perhaps the most important day of any injury case. It can feel scary if you don’t know what to expect. But the good news…

Once you understand what a deposition actually is, most of that fear melts away.

You will learn about what occurs during a personal injury deposition, who will be in the room with you and how to prepare. This applies to car accident cases, slip and fall accidents and wrongful death claims.

Let’s jump in.

Here’s what’s covered:

1. What Is a Deposition (And Why Does It Matter?)
2. Who Is In The Room?
3. What Kind of Questions Get Asked
4. How To Prepare Like a Pro

What Is a Deposition (And Why Does It Matter?)

A deposition is a sworn interview conducted prior to trial.

Picture a question/answer session with each party answering under oath. You answer questions from the other side’s lawyer honestly while a court reporter types up everything said. This occurs during the “discovery” portion of your lawsuit. During discovery, each side conducts investigations and learns what each party knows.

And here’s why it matters so much…

Your deposition could make or break your case. The testimony you provide during your deposition determines how strong or weak your claim appears. A clear, honest, well-prepared deposition can move the opposing side to offer a fair settlement. A sloppy deposition can have the opposite effect. This is why hiring an experienced personal injury attorney before your deposition is invaluable. They will prepare you for it, sit with you the entire time, and ensure your rights are protected every step of the way, whether you’re involved in a standard injury claim or a complex wrongful death case.

The stats prove it as well. Per industry studies, claimants who have legal representation receive payouts that are almost 3 times larger than those who go it alone.

So this stuff really does count.

Who Is In The Room?

Many people envision a deposition taking place in a courtroom with a judge and jury present.

That’s not how it works.

Depositions typically occur in a conference room at a lawyer’s office. There is no judge. There is no jury. It’s quite an informal setting compared to a trial. But everything you say is under oath.

Here’s who you can expect to be there:

• You (the person being deposed)
• Your own attorney, sitting right next to you
• The opposing attorney, who will be asking the questions
• A court reporter, who records every word that’s spoken

It really helps to know this in advance. Half the anxiety is the unknown and when you know who is coming it seems much less intimidating.

What Kind of Questions Get Asked

Now to the part that makes most people nervous…

The questions.

The purpose of the opposing attorney is to discover as much information about you, your injuries, and the accident as possible. They want to know how strong of a case you may have. Therefore the questions can usually be grouped into a few categories.

Background Questions

These are the first questions. They’re also very easy. The lawyer will ask you your name, address, occupation, and general background. These are warm-up questions meant to make you comfortable. Speak freely.

Questions About The Accident

Here’s where it gets trickier. The lawyer is going to ask you to recount specifically what occurred. They will ask you questions such as:

• Where you were and what you were doing
• What you saw and heard
• The order that events happened in
• Anything you said at the scene

Relax. You don’t have to rush. Good answers take time.

Questions About Your Injuries

The lawyer will want to know all about your injuries, your medical treatment and how your life has been impacted by the accident. They will likely ask you about past injuries as well. So, prepare yourself. Above all else, be truthful. Truth always stands up better than a story ever will.

FYI: Depositions are normal, and don’t mean that anything is wrong with your case. In fact, most cases never make it to court. Industry statistics reveal that about 95% of personal injury cases settle before trial. Your deposition is often one step in negotiating that settlement.

How To Prepare Like a Pro

Want to walk into your deposition feeling ready?

All week you have been preparing for this moment. The ones that succeed are not always the brightest or best speakers. They are just the ones who prepared the best. Here’s how you can be one of them.

Tell The Truth, Always

This is rule number one and it’s not even close.

Never speculate, never overstate, and never stretch the facts to make your case seem stronger. If you don’t know the answer to a question, say you don’t know. If you don’t remember, say that. “I don’t recall” is a perfectly acceptable response when it’s truthful. They will be looking for any small inconsistency you make so be truthful.

Listen Carefully And Answer Only What’s Asked

Here’s a mistake people make all the time…

They talk too much.

It’s natural when you’re nervous to want to babble and fill every silence. Don’t. Listen to the question all the way through, pause, and then answer the question. There’s no reason to provide additional information. Short and sweet ALWAYS beats waffling on.

Meet With Your Attorney First

Never walk into a deposition cold.

Your lawyer will prep you ahead of time. They will walk you through potential questions and explain everything that will happen. This mock deposition is huge. It eliminates the unknown and helps you feel prepared for anything.

Stay Calm And Take Your Time

There is no clock ticking.

Take as long as you need to think. Ask for a break if you want one. The other lawyer may try to hurry you or fluster you. You are not obligated to respond to these tactics. Remain calm, take a deep breath, and answer when you’re ready.

Wrapping It All Up

A personal injury deposition sounds scary, but it really doesn’t have to be.

It’s just a formal meeting under oath where you answer questions truthfully about what occurred. When you know what to expect regarding the process, who will be present and the types of questions asked most of the anxiety washes away.

To quickly recap how to handle it:

• Tell the truth, every single time
• Listen carefully and answer only what’s asked
• Prepare with your attorney beforehand
• Stay calm and take your time

Remember, your deposition is just one step in the journey to settlement or a fair wrongful death claim. Prepare yourself and have the right lawyer at your side when you walk into that deposition.

You’ve got this.