Your attorney mentions scheduling your deposition, and anxiety immediately sets in. You’ve never been deposed before, and you’re not sure what to expect. The formal legal setting, opposing counsel asking questions, and the court reporter recording every word can feel intimidating. Understanding what happens during a deposition and how to prepare helps reduce stress and allows you to give testimony that supports your case.
Our friends at Strong Law Accident & Injury Attorneys prepare clients for depositions regularly because these sessions play a significant role in case outcomes. A car accident lawyer will thoroughly prepare you for the experience, but knowing the basics ahead of time helps you feel more confident and ready.
What A Deposition Actually Is
A deposition is sworn testimony given outside of court during the discovery phase of a lawsuit. You’ll answer questions under oath from the opposing attorney while a court reporter transcribes everything you say. Your attorney will be present throughout to protect your interests and object to improper questions.
Depositions serve several purposes. The defense attorney wants to learn what you’ll say at trial, assess how credible you appear as a witness, lock you into specific answers they can use against you later if you change your story, and look for weaknesses in your case.
While depositions feel intimidating, they’re a standard part of litigation. Nearly every personal injury case that doesn’t settle early involves deposing the plaintiff.
Where Depositions Take Place
Most depositions occur in law offices, not courtrooms. You’ll typically sit in a conference room with your attorney, the opposing attorney, and a court reporter. The setting is more casual than a courtroom but still professional and formal.
Some depositions happen via video conference, particularly when parties live far apart. The format is similar but conducted through a screen rather than in person.
Who Attends Your Deposition
The opposing attorney who will question you always attends. Your own attorney sits beside you throughout the deposition. A court reporter records the entire session and may also videotape the deposition if requested.
Insurance company representatives sometimes attend to observe. The defendant whose insurance company is paying the claim might be there, though this is less common. Additional defense attorneys or legal assistants may also be present.
No judge presides over depositions. Your attorney and the opposing attorney handle any disputes about questions or procedure, and if they can’t resolve disagreements, they note objections for the court to rule on later.
How Long Depositions Last
Deposition length varies based on case complexity and injury severity. Simple car accident cases with straightforward injuries might take two to three hours. Cases involving permanent disabilities, multiple accidents, or complicated medical histories can last a full day or longer.
Federal rules limit depositions to seven hours per day, and most states have similar restrictions. If your deposition doesn’t finish in one session, it continues on another scheduled date.
Types Of Questions You’ll Face
The opposing attorney will ask about many aspects of your life and the accident. Expect questions covering:
Background Information
They’ll ask about your education, employment history, previous addresses, family members, and general life circumstances. These questions establish who you are and provide context for later testimony.
The Accident
You’ll describe exactly how the accident happened, what you were doing immediately before, what you saw and heard, where everyone was positioned, and every detail you can remember. The defense attorney wants your complete version of events to compare against other witness accounts.
Your Injuries
Expect detailed questions about every injury you claim, when symptoms started, which body parts hurt, how pain affects your daily activities, and what limitations you experience. Be prepared to discuss your injuries in specific detail.
Medical Treatment
You’ll answer questions about every doctor visit, treatment received, medications prescribed, therapy attended, and medical advice followed or ignored. Gaps in treatment will be scrutinized. The attorney will ask why you missed appointments or stopped treatment.
Prior Injuries And Medical History
The defense attorney will ask about every prior injury, pre-existing condition, previous accident, and past medical treatment. They’re looking for evidence that your current complaints existed before this accident.
This line of questioning often feels invasive, but you signed authorizations allowing access to your medical records. The attorney already knows your medical history and is testing whether you’ll be honest about it.
Impact On Daily Life
You’ll describe how injuries affect your ability to work, care for yourself, maintain your home, participate in hobbies, and enjoy life. Be specific about activities you can no longer do or must do differently.
Lost Income
Expect questions about your job duties, income history, time missed from work, whether you received sick pay or disability benefits, and how injuries affect your earning capacity.
Social Media And Online Activity
Defense attorneys frequently ask about your social media accounts, what you’ve posted, and whether you’ve shared photos or updates about activities. Anything you’ve posted online is fair game for questioning.
Common Deposition Tactics
Defense attorneys use various strategies during depositions to undermine your case or catch you in contradictions.
They might ask the same question multiple ways hoping your answer changes. They’ll jump between topics to confuse you or catch you off guard. Some attorneys act friendly to make you comfortable and talkative, while others are aggressive and confrontational to make you angry or flustered.
Leading questions that suggest answers are common. The attorney might mischaracterize your prior testimony to see if you’ll agree with their incorrect version.
How To Answer Questions Effectively
Your preparation session with your attorney will cover specific strategies, but general guidelines include:
Listen to the entire question before answering. Don’t interrupt or assume you know where the question is going. Pause after each question to give your attorney time to object if necessary.
Answer only what was asked. Don’t volunteer extra information or explain beyond what the question requires. If a question calls for a yes or no answer, say yes or no without elaboration.
Tell the truth always. Lying under oath is perjury and destroys your credibility and case. If you don’t remember something, say you don’t remember. It’s acceptable not to recall every detail.
Don’t guess or speculate. If you’re not sure about something, say so. Guessing creates testimony the defense can use against you if you’re wrong.
Your Attorney’s Role
Your lawyer is there to protect you but can’t answer questions for you. They’ll object to improper questions, request breaks when you need them, and provide guidance on how to answer if you’re confused.
Your attorney might object to questions that are harassing, call for speculation, invade privilege, or are otherwise improper. You still usually must answer despite objections unless your attorney instructs you not to answer, which is rare.
Preparation Is Key
Your attorney will meet with you before the deposition to review your case, discuss likely questions, and practice answering. This preparation session is valuable. Ask questions about anything that worries you.
Review all relevant documents before your deposition, including the police report, your medical records, and any prior statements you gave. The defense attorney will ask about these documents and expect you to be familiar with them.
Protecting Your Case
Depositions significantly impact settlement negotiations and trial outcomes. Strong deposition testimony encourages higher settlement offers. Poor testimony gives insurance companies ammunition to reduce offers or take cases to trial confident they’ll win.
Taking depositions seriously and preparing thoroughly protects your interests and strengthens your position throughout the case.
Moving Forward With Confidence
Depositions are a normal part of personal injury litigation, and with proper preparation, most clients handle them well. We thoroughly prepare our clients for depositions, conduct practice sessions, and sit beside you throughout the process to protect your rights and help you give testimony that supports your claim. If you’re facing an upcoming deposition and have questions about what to expect or how to prepare, contact our team to discuss how we’ll get you ready for this important step in your case.