Personal Injury Deposition: What to Expect and How to Prepare

A deposition is a formal question-and-answer session conducted under oath as part of the discovery process in a personal injury lawsuit. Your testimony during the deposition can significantly impact the value of your case and the outcome of settlement negotiations.

What Is a Deposition?

A deposition is sworn testimony given outside of court. The defense attorney asks you questions about the accident, your injuries, your medical treatment, and how the injury has affected your life. A court reporter records everything you say, and your testimony can be used at trial.

Common Deposition Questions

How did the accident happen? What injuries did you sustain? What medical treatment have you received? How have your injuries affected your daily life? What were you doing immediately before the accident? Do you have any pre-existing medical conditions? Have you been in any previous accidents?

Tips for a Successful Deposition

Listen carefully to each question before answering. Answer only the question asked without volunteering extra information. If you do not understand a question, ask for clarification. If you do not know the answer, say so. Be honest and consistent with your medical records. Stay calm and do not argue with the defense attorney. Take breaks if you need them.

Common Mistakes

Guessing or speculating instead of saying you do not know. Volunteering information that was not asked for. Getting angry or argumentative. Exaggerating your injuries or symptoms. Being inconsistent with previous statements.

Conclusion

Proper preparation for your deposition is essential. Work with your attorney to review likely questions and practice your responses.

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