Personal Injury Deposition Guide
A deposition is sworn testimony given before trial, usually in a conference room or by secure video. A court reporter records the questions and answers, and the transcript may be used in motions, settlement discussions, or at trial. The goal is not to memorize a script. It is to understand the process and answer truthfully, carefully, and in your own words.
What happens at a deposition
The witness takes an oath, attorneys ask questions, and a court reporter creates the record. The opposing lawyer may ask about the incident, injuries, medical history, employment, prior claims, daily activities, social media, and the damages being requested. Your lawyer may object when appropriate, but most questions still require an answer unless you are instructed not to answer.
Review the facts, not a script
Before the deposition, review the key records with your lawyer: the complaint and written discovery, incident report, photographs, medical timeline, employment information, and prior statements. Do not guess at dates or details. If you do not know or do not remember, say so. A truthful limitation is better than an inaccurate answer.
Listen, pause, and answer only the question asked
Wait until the question is complete. Pause long enough to make sure you understand it and to allow an objection. Ask for clarification when a question is vague, compound, or uses a word you do not understand. Give a complete but focused answer. Do not volunteer assumptions or argue with the questioner.
Be accurate about injuries and limitations
Describe symptoms, treatment, progress, and limits honestly. Avoid exaggerating, but do not minimize a real problem. Distinguish what you personally know from what a medical professional told you. Be prepared to discuss prior injuries and conditions because the defense may compare them with the claimed harm.
Documents, breaks, and corrections
If a document is shown, take time to read the relevant portion before answering. Ask for a break when needed, but answer a pending question first unless your lawyer directs otherwise. Afterward, transcript-review procedures may allow certain corrections; they are not an opportunity to rewrite testimony. Discuss the transcript process with your lawyer.
Common mistakes to avoid
- Guessing when you do not remember.
- Using absolutes such as “always” or “never” when they are not accurate.
- Talking over the question, lawyer, or court reporter.
- Arguing, joking, or becoming defensive.
- Reviewing private lawyer communications aloud.
- Posting about the case or deposition on social media.
Frequently asked questions
How long will the deposition take?
It varies with the case and the witness. Your lawyer can explain the expected schedule and any governing order.
Can I bring notes?
Ask your lawyer first. Materials used to refresh memory may become a topic of questioning or a document request.
What if I realize an answer was wrong?
Correct it promptly on the record when possible and tell your lawyer. Do not wait and hope the inconsistency will be overlooked.
Will the case settle after the deposition?
A deposition may affect evaluation and negotiations, but it does not guarantee settlement or trial.
Preparing for a personal injury deposition
Brad Morris Law Firm prepares each client for the facts and issues in that person’s case. If you have questions about a pending deposition, follow the instructions of the lawyer handling your matter. This guide is general information, not a substitute for case-specific advice.
Visit the Brad Morris Law Firm home page to learn more.