A Deposition Is Part of the Discovery Process
In a personal injury lawsuit, both sides (the injured party, known as the plaintiff, and the at-fault party, or the defendant), gather evidence before going to trial. This stage is known as “discovery.” A deposition is one of the key tools used during discovery to gather information and testimony under oath.
In simple terms, a deposition is an out-of-court interview where a witness, including the plaintiff or defendant, answers questions from the opposing attorney while under oath.
Depositions are typically conducted in a law office or neutral location, with a court reporter present to record everything word-for-word. In some cases, they are videotaped. Our team can help you understand what to expect from your upcoming deposition, as well as prepare you for your interview.
Why Depositions Matter in Personal Injury Cases
Depositions can play a critical role in the outcome of a personal injury case. Here’s why:
- They preserve testimony. A deposition allows both sides to know what a witness or party will likely say during trial. This reduces surprises and helps attorneys build stronger cases.
- They can impact settlement negotiations. If the defendant gives damaging or inconsistent testimony, it may encourage a fairer settlement. Likewise, if you testify clearly and credibly, it can increase your leverage.
- They reveal the strength of each side’s case. Depositions give attorneys insight into the opposing side’s strategy and evidence. This can influence whether a case settles or goes to trial and how it’s presented to a jury if it does.
Who Might Be Deposed?
In a personal injury lawsuit, depositions are not limited to the parties involved. People who may be deposed include:
- The injured party (you)
- The defendant
- Eyewitnesses to the accident
- Medical experts or treating doctors
- Law enforcement officers
- Company representatives
Depositions help build a full picture of what happened, how the injury occurred, and who should be held accountable.
What Happens During a Deposition?
A typical deposition includes:
- Swearing In: This involves you being placed under oath, meaning you promise to tell the truth, just like you would in a court of law.
- Questioning: The opposing attorney will ask you a series of questions. Your attorney will be present and may object to improper questions, though you’ll still usually need to answer them.
- Recording: Everything you say is recorded by a court reporter and made into a written transcript. In some cases, there may also be a video recording.
Some common topics covered in a deposition include:
- How the accident happened
- The nature and extent of your injuries
- Your medical treatment and history
- How your injuries have affected your life, work, and relationships
- Any prior injuries or legal claims
Depositions can last anywhere from an hour to a full day or more, depending on the complexity of the case.
Will I Be Alone During My Deposition?
No—and you shouldn’t be. At Arnold & Itkin, we stand by our clients at every step of the legal process. That includes preparing you thoroughly before the deposition and being right there with you the entire time.
We’ll help you prepare for your deposition by training you on:
- What kinds of questions to expect
- How to answer truthfully without giving unnecessary information
- When to take breaks
- How to stay calm and focused, even under pressure
We’re there to protect your rights. If any question is improper or irrelevant, we will raise an objection and make sure the official record reflects it.
How Should I Prepare for a Deposition?
When it comes to your personal injury deposition, preparation is key. Our attorneys will review key facts with you and help you practice answering questions clearly and confidently.
Some things to keep in mind for your deposition:
- Be honest. Always tell the truth, even if you think the answer might hurt your case.
- Keep answers short. Only answer the question asked. Avoid volunteering extra information unless necessary.
- Stay calm and respectful. Some attorneys use aggressive questioning to rattle witnesses. Don’t let it shake you.
- Take your time. It’s okay to pause, think, and ask for clarification before answering.
What Happens After the Deposition?
Once the deposition is complete, the court reporter will prepare a transcript. Your attorney will review it carefully to identify helpful testimony or problematic statements. This information may influence how your case is resolved. In some instances, a strong deposition can lead to a favorable settlement before trial. In others, it helps build a more compelling argument for the courtroom.
You’re Not Alone—We’re Here to Help
A deposition may feel intimidating, but you don’t have to face it on your own. At Arnold & Itkin, we’ve handled thousands of depositions on behalf of people just like you—people who’ve been hurt, who are overwhelmed, and who aren't unsure where to turn. We prepare our clients for success and protect their rights every step of the way.
If you have questions about your personal injury case or want to understand more about the legal process, we’re here to talk. When everything’s on the line, we are ready to fight for you and help you get the answers you need. Most importantly, we're committed to securing the results you deserve so that you can heal.
Speak to a personal injury lawyer at our firm today about your case. Call (888) 493-1629 for a free consultation.
