What to Expect in a Deposition: A Guide for New York Personal Injury Cases

A deposition is a formal question-and-answer session that takes place during a lawsuit, usually in a lawyer’s office rather than a courtroom. You will answer questions under oath about your accident, injuries, medical treatment, work history, and how the injury has affected your life. A court reporter records everything you say, and your testimony may later be used during settlement negotiations or at trial.

If you’ve never participated in a deposition before, it’s normal to feel nervous. The good news is that depositions follow a predictable process, and your attorney will prepare you beforehand so you understand what to expect and how to answer questions truthfully and confidently.

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What Is a Deposition?

A deposition is part of the discovery phase of a personal injury lawsuit. Discovery is the stage where both sides gather evidence before trial by exchanging documents, taking testimony, and learning more about the facts of the case. In New York, depositions are often referred to as Examinations Before Trial (EBTs).

Unlike a courtroom hearing:

• There is usually no judge present.
• The deposition typically takes place at a law office or court reporting office.
• A court reporter administers the oath and records every question and answer.
• Attorneys for both sides attend and ask questions.

Although the setting is less formal than a courtroom, your testimony carries the same obligation to tell the truth.

Who Will Be Present?

Most personal injury depositions include:

• You (the witness or deponent)
• Your attorney
• The defense attorney
• A court reporter
• In some cases, representatives of the insurance company or other parties

Your attorney is there to protect your interests, object when appropriate, and help ensure the questioning follows New York’s procedural rules.

What Questions Are Asked During a Deposition?

While every case is different, most depositions cover similar topics.

Common questions involve:

Your Background

You may be asked about:

• Your education
• Employment history
• Family information
• Prior residences

The Accident

Expect questions about:

• When and where the accident occurred
• What happened before, during, and after the incident
• Weather or lighting conditions
• Whether anyone witnessed the accident

Your Injuries

The defense attorney may ask about:

• Your symptoms
• Medical treatment
• Surgeries
• Physical therapy
• Medications
• Current limitations

Daily Activities

Questions often focus on how your injuries have affected:

• Work
• Household responsibilities
• Exercise
• Hobbies
• Driving
• Family activities

Prior Medical History

You may also be asked about previous injuries, medical conditions, or prior claims if they relate to the issues in your lawsuit.

How Should You Answer Deposition Questions?

The best approach is simple:

• Tell the truth.
• Listen carefully to each question.
• Answer only the question that was asked.
• Do not guess if you don’t know or cannot remember.
• Avoid estimating unless you are clearly stating it is an estimate.
• Do not exaggerate or minimize your injuries.
• If you do not understand a question, ask for clarification.

Your credibility is one of the most important parts of your case.

How Long Does a Deposition Last?

There is no fixed length.

Many personal injury depositions last between two and six hours, although more complex cases may require additional time or multiple sessions. Breaks are generally permitted when appropriate.

The length depends on factors such as:

• The complexity of the accident
• The severity of your injuries
• The amount of medical treatment
• The number of parties involved

How Should You Prepare?

Preparation can make the deposition much less stressful.

Before your deposition:

• Meet with your attorney.
• Review the facts of the accident.
• Refresh your memory using medical records if necessary.
• Review prior written statements.
• Discuss likely questions.
• Get plenty of rest the night before.
• Arrive early.

Your attorney may also conduct a practice session so you feel comfortable with the process.

What Happens After the Deposition?

After the deposition:

• The court reporter prepares a written transcript.
• Attorneys review the testimony.
• Additional discovery may continue.
• Settlement negotiations often become more productive because both sides have a clearer understanding of the evidence.
• If the case does not settle, it continues toward trial.

Depositions are frequently one of the most important stages of a personal injury lawsuit because they help both sides evaluate the strengths and weaknesses of the case.

Learn More About the Litigation Process

A deposition is only one step in a personal injury lawsuit. Depending on your case, you may also encounter other litigation procedures such as:

• Independent Medical Examinations (IMEs)
• Discovery requests
• Settlement negotiations
• Mediation
• Trial preparation

For more information about medical examinations requested by insurance companies, read our guide on Independent Medical Examinations (IME) Can Affect Your Injury Claim.

Don’t wait—your future starts with one phone call. Hill & Moin LLP can prepare you for every stage of the litigation process, including your deposition.

Frequently Asked Questions About What to Expect in a Deposition

What happens at a deposition?

A deposition is a sworn question-and-answer session conducted during the discovery phase of a lawsuit. You answer questions from attorneys about your accident, injuries, medical treatment, and damages while a court reporter records your testimony.

What kinds of questions will I be asked?

Most questions involve your background, the accident, your injuries, medical treatment, employment history, prior medical conditions, and how the injury has affected your daily life. The specific questions depend on the facts of your case.

How should I prepare for my deposition?

Meet with your attorney beforehand, review the facts of your case, answer questions honestly, avoid guessing, and listen carefully before responding. Your attorney will explain the process and help you prepare for common questions.

How long does a deposition usually last?

Many personal injury depositions last several hours, although the exact length depends on the complexity of the case, the number of issues involved, and the scope of the questioning. More complex cases may require additional sessions.

Can my attorney object during the deposition?

Yes. Your attorney may object to certain questions when appropriate under New York law. However, you will generally still answer many questions unless your attorney instructs otherwise based on a recognized legal privilege or court rule.

Contact Hill & Moin LLP

Giving a deposition can feel intimidating, but understanding the process ahead of time can help you approach it with confidence. Careful preparation, honest testimony, and experienced legal guidance can make a meaningful difference as your case moves through litigation.

When your health, livelihood, or family’s future is on the line, every decision matters. Contact Hill & Moin LLP today for a confidential, no-obligation consultation if you have questions about an upcoming deposition or any stage of your personal injury lawsuit.