What to Expect in a Deposition for a Personal Injury Case

What to Expect in a Deposition for a Personal Injury Case

In a personal injury case, a deposition is a critical part of the discovery process that allows both sides to gather information and prepare for trial. This phase is an opportunity for you to tell your side of the story in detail. You’ll be asked to answer questions about the accident and your injuries as well as to clarify facts that could affect the outcome of your claim.

For many people, the idea of being questioned under oath can feel intimidating. However, understanding what to expect can help you feel more confident and prepared.

In this article, we’ll break down what a deposition is, how to prepare for it, and what kinds of questions you might face. With the right preparation and the support of a personal injury lawyer, you can approach your deposition with confidence.

What Is a Deposition Hearing?

A deposition is a tool used as part of the pre-trial information gathering process for personal injury cases. It is a formal interview conducted under oath, usually outside of court, as part of the discovery process in a lawsuit.

During a deposition, a lawyer for the opposing side, usually the insurance company’s lawyer, asks you questions. The question will typically be about your accident, injuries, medical treatment, and the impact the incident has had on your life.

A court reporter records everything said during the deposition and creates a written transcript that may be used later in court.

Understanding the Purpose of a Deposition

What is the point of having to sit through a deposition? There are several reasons why a deposition is an important part of the legal process in a personal injury claim.

The main purposes of a deposition are to:

• Gather facts: Attorneys use depositions to learn what a witness or plaintiff knows about the case.

• Preserve testimony: Your answers are recorded by a court reporter or a videographer so they can be referenced at trial if needed.

• Evaluate credibility: Opposing counsel uses the deposition to observe how you present yourself and whether your story remains consistent.

• Encourage settlement: Sometimes, depositions clarify the strengths or weaknesses of a case. This can lead both sides to negotiate a settlement rather than proceed to trial.

How to Prepare for a Deposition

Keep in mind that a deposition is not a cross-examination like you see in movies. It’s simply a fact-finding session. Thorough preparation is the best way to protect your interests and reduce stress.

Here are some things to keep in mind while getting ready to give deposition testimony:

• Meet with your attorney ahead of time. Your personal injury attorney will schedule a prep session with you. Your lawyer will review what to expect, help you to practice answering common questions, and explain what topics may arise. This is your chance to ask questions and clarify anything you don’t understand.

• Review the facts of your personal injury case. Refresh your memory about the incident, your injuries, medical treatment, and how your life has been affected. Review any accident reports, medical records, or notes you have.

• Practice staying calm and answering clearly. Always listen to the full question before answering. Take your time and remain calm – it’s okay to pause and think. Answer only what was asked. If you don’t know or don’t remember, say so honestly. Never guess.

• Be honest and avoid exaggerating. Stick to the facts. Trying to minimize or exaggerate details can damage your credibility and harm your case.

• Bring what you need, but don’t volunteer extra information. Bring any documents your attorney asks you to, but don’t offer unsolicited details. Answer only what you’re asked – no more, no less.

• Plan ahead. Get a good night’s sleep and eat before the deposition. Plan your day so you’re not rushed or distracted.

Who Will Be Present At a Deposition?

Knowing who will be in the room can make the experience less intimidating. Here’s who you can expect:

• You: As the injured party bringing the personal injury claim, you are the primary witness providing information about what happened and how it has affected you.

• Your personal injury attorney: Your lawyer will be by your side throughout the deposition to protect your legal rights. He or she will also make objections if necessary and ensure that questions are appropriate and fair.

• The opposing attorney: Typically, the lawyer for the defendant will ask you most of the questions.

• A court reporter: This neutral professional records everything that is said and later prepares an official transcript of the deposition.

• An insurance adjuster or representative: In some cases, a representative for the insurance company or the defendant may attend to listen but may not usually ask questions.

• The defendant: While not common in personal injury cases, the person or company you are suing may sometimes attend.

How Long Does a Deposition Take?

The length of a deposition can vary widely based on the complexity of the case and the number of questions asked. On average, a personal injury deposition may last anywhere from 1 to 3 hours. However, more complex cases can take an entire day or even multiple days in rare circumstances.

Factors that affect the duration of the deposition process include:

• The number of parties involved
• The extent of your injuries and medical history
• How detailed or contentious the case is
• Whether any breaks are taken for lunch or private attorney consultations

Your personal injury attorney can give you a better estimate based on your specific case. Your lawyer will ensure you are comfortable throughout the deposition process and allow you to take a break if needed.

Types of Questions That May Be Asked During a Deposition

Being prepared for the kinds of deposition questions you might face can help reduce anxiety. While every deposition is unique, most questions fall into several common categories.

Background and personal information

The opposing attorney will usually start with basic background questions to get general information about you, such as:

• Your full name, current address, and date of birth
• Your education and employment history
• Your family situation and living arrangements
• Past residences and any prior legal history

Medical history

Expect detailed questions about your medical history, both before and after the incident:

• Pre-existing conditions or prior injuries
• Previous hospitalizations or surgeries
• Your health and physical condition before the accident
• Your current medical treatment

Details about the accident

You will be asked to describe exactly how the incident occurred, in your own words:

• Where and when it happened
• What were you doing at the time
• Who was present
• Weather, lightning, and other conditions
• Any statements you made at the scene
• What happened immediately afterward

Injuries and impact on your life

You will discuss the nature and extent of your injuries and how they have affected your daily life:

• Pain levels and physical limitations
• Impact on your work and ability to earn income
• Effect on hobbies, activities, and relationships
• Psychological or emotional effects

Treatment and recovery

The opposing attorney will want to know:

• Doctors you have seen and treatments you have undergone
• Medications you take
• Future medical treatments you may need
• How consistently you have followed your doctor’s advice

Damages and expenses

Questions may cover:

• Medical bills and out-of-pocket expenses
• Lost wages or loss of earning capacity
• Any property damage
• Other financial losses due to injury

Prior claims or lawsuits

The defense attorney may ask about any previous claims you have filed:

• Personal injury lawsuits
• Workers’ compensation claims
• Disability or insurance claims

Common Pitfalls to Avoid During Your Deposition

Statistics show that someone in the US is accidentally injured every second in a preventable accident. If you have been harmed in a personal injury accident, you deserve fair compensation. However, your testimony during a deposition can significantly impact the outcome of your case.

Avoid these common mistakes:

• Guessing or speculating: Don’t ever guess an answer. What if you don’t know or can’t remember something? It’s perfectly acceptable to say so.

• Volunteering extra information: Answer only the question asked. Do not offer additional details or explanations unless requested. Long-winded answers can create inconsistencies or open the door to more probing questions.

• Getting defensive or argumentative: Stay calm and composed. If you feel provoked, take a breath and answer politely. Losing your temper may undermine your credibility.

• Speaking in absolutes: Avoid definitive statements like “always” or “never” unless you’re certain. Such words may be used later to discredit you if evidence suggests otherwise.

• Forgetting it’s on the record: Remember, everything you say is being transcribed. Avoid jokes, sarcasm, or offhand remarks – they can be misinterpreted or used against you later.

• Failing to review key facts ahead of time: Work with your attorney beforehand to review accident reports, medical records, and other relevant documents. This can help you feel confident and accurate in your answers.

What Happens After Your Deposition?

After finishing your deposition, you may be wondering, “What comes next?”

Here’s what typically happens after your deposition is complete:

• Transcript review: The court reporter will prepare a written transcript. You and your lawyer will have the opportunity to review it for accuracy.

• Discovery continues: Both sides may conduct additional discovery – gathering more evidence, obtaining expert reports, or taking depositions if needed.

• Negotiations and settlement talks: Once both parties have a clearer picture of the facts, settlement discussions often become more serious. Many personal injury cases settle at this stage.

• Mediation or Alternative Dispute Resolution (ADR): If settlement negotiations fail, the parties may still agree to mediation – a structured negotiation facilitated by a neutral third party.

• Trial preparation: If your case does not settle, your personal injury lawyer may prepare to take your case to trial. Your deposition can be used at trial to support or challenge your in-court testimony.

The Personal Injury Attorneys at Hill & Moin Are Here to Help

At Hill & Moin, we understand that the idea of a deposition can be stressful. Our experienced team can guide you through every step. We make sure our clients are well-prepared and will stand by their side throughout the whole process.

If you have questions about your upcoming deposition or any aspect of your personal injury claim, don’t hesitate to reach out to our law firm. We’re here to protect your rights, advocate on your behalf, and help you focus on what matters most: your recovery.

We take personal injury cases on contingency, which means you don’t pay any upfront costs or fees. Contact us today for a free consultation to learn about your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!