What to Expect at a Deposition for a Personal Injury Case

A deposition is a common part of many personal injury cases. Unless your claim quickly settles, your lawyer will need to file a lawsuit to preserve your rights. After filing comes the “discovery” phase of litigation, and depositions are a big part of the process.

Contact our experienced Spartanburg personal injury lawyers at McCravy, Newlon, Sturkie & Clardy if you were hurt in an accident and need legal assistance.

We can discuss what to expect in a deposition for personal injury cases and answer any other questions you have. Our firm has negotiated hundreds of settlements over the years for millions of dollars. We also have deep experience with litigation and discovery.

Personal Injury Depositions: Nuts & Bolts

At its simplest, a deposition involves answering questions from the other side’s lawyer while under oath. Think of it like testifying in a courtroom, except you aren’t in court.

Most depositions happen in a conference room at a law office. There should be a court reporter present to record both the questions and answers, or your deposition might be videotaped. You will have your Spartanburg personal injury lawyer with you, who can object to any question that is not appropriate.

Depositions are a way for the other side to uncover important information. Lawyers also ask for copies of important documents, like insurance policies or medical records. They can also send written questions requiring a written response.

But personal injury depositions are helpful for lawyers because they get to ask follow-up questions.

If your answer is unclear, they might ask for clarification. Or they might follow up on a contradictory statement you make.

Depositions might last a few hours, or they could go on for an entire day.

Topics of Discussion in a Deposition for Personal Injury Cases

What will the other side ask? Generally, they are trying to find out information about the following:

What happened during the accident? They want your point of view on the events, as well as what you were doing in the lead-up. For example, if you were involved in a car crash, then the defense wants to know if you were talking on your phone, looking at your dashboard, or drinking a cup of coffee. The deposition gives them a chance to find out.
Information about your injuries. Although they will ask to see your medical records, they want you to testify about how these injuries have impacted your life.
Details about job loss and economic expenses. Personal injury cases are lawsuits for monetary damages. The defense is trying to find out if you did not return to work and why.

Sample Deposition Questions

Although we don’t know fully what the other side will ask, the following are common questions:

Can you state your full name for the record?
Where do you live?
What do you do for a living?
Did you speak to anyone in preparation for this meeting today?
Have you been involved in prior lawsuits?
Where were you on the day in question?
What did you do immediately after the accident?
Who took you to the hospital?
Have you continued with rehabilitation?

This is only a short sample, but it gives you an idea of what information the other side is trying to uncover.

Should You Be Nervous About a Deposition?

You certainly should prepare for it seriously. A deposition is a chance for the other side to pin you down on your story.

Because you give statements under oath, the defense can use them later at trial.

For example, you don’t want to say you feel “fine” in a deposition, only to claim later at trial that pain keeps you up all night.

Work with an attorney to go over what to expect at a deposition. Your lawyer should have handled many of them.

How to Prepare for Your Deposition

Everyone should prepare for a deposition so there are no surprises. We recommend:

Hire a lawyer. If you don’t yet have an attorney, you should get one. A local lawyer might even know the attorney on the other side and can anticipate their questions.
Discuss possible questions and how to answer. A lawyer won’t spoon-feed you answers. But the goal is to talk about your memories, which provide the basis for your answers.
Review relevant documents. You want to refresh your memory. Remember, it’s best to tell a consistent story throughout the personal injury claims process. You might review the police report or medical records.
Answer practice questions. Your lawyer can run through some basic questions to get you comfortable. The goal isn’t to memorize answers, but to feel comfortable with the process.
Get a good night’s sleep. It’s okay to be nervous, but going into a deposition on only a couple of hours of sleep is never ideal.

At McCravy, Newlon, Sturkie & Clardy, our team realizes the importance of deposition testimony. We prepare our clients so they can tackle the experience with confidence.

The Day of Your Deposition

While sitting in the conference room, fielding questions, we recommend:

Listen closely to the question and answer only the question. If the lawyer asks what you do for work, state your current job. You don’t need to volunteer what you did 5 years ago.
Seek clarity if you do not understand a question. Some lawyers ask vague or confusing questions. It’s better to seek clarification than to guess what the lawyer is asking.
Answer truthfully. You are under oath. Any lies will be discovered and destroy your credibility before your case has even gotten off the ground.
Do not guess or speculate. If you don’t know the answer, say so. The lawyer might ask you to guess how fast you were driving in the seconds before a collision or to estimate the distance between you and another vehicle. If you offer a number, then be sure to say, “I’m not entirely sure, but if I had to guess…”
Always stay calm. Some lawyers try to get under a witness’s skin. Never let on that a lawyer is bothering you.