What a Deposition Is
A deposition is sworn testimony given outside of court, typically in an attorney's office. A court reporter records every word. Your answers carry the same legal weight as testimony given at trial — if you say something different at trial than at your deposition, it creates an "inconsistency" the opposing attorney will use to challenge your credibility.
Depositions happen during the "discovery" phase of litigation, after a lawsuit is filed. The opposing attorney's goal is to lock in your testimony, identify weaknesses in your claim, and look for information that might reduce your damages.
What to Expect During the Deposition
- Background questions: Name, address, education, employment history, prior accidents or injuries, prior lawsuits. Be thorough — failure to disclose prior accidents can be damaging if they're discovered later.
- Accident questions: What happened, where you were going, what you observed, what you did in the moments before, during, and after the accident.
- Injury and treatment questions: What you felt immediately, when you sought treatment, every provider you saw, every diagnosis, every treatment and its results, current symptoms.
- Impact questions: How injuries have affected your work, daily activities, relationships, hobbies, and quality of life.
Key Deposition Rules
- Answer only what is asked. Don't volunteer information. If the question is "did your back hurt after the accident?" answer yes or no. Don\'t add "and also my neck and shoulder and..."
- If you don't know, say so. "I don\'t recall" is a legitimate answer. Guessing is dangerous — your guess becomes sworn testimony.
- Listen carefully before answering. Pause before each answer. Your attorney can object during that pause.
- Be consistent. Your deposition answers must match what you told your doctors, police, and insurance companies. Inconsistencies hurt your credibility.
- Tell the truth. This isn't just ethical — perjury is a crime, and inconsistencies always emerge.
Frequently Asked Questions
What is a deposition in a personal injury case?
Sworn out-of-court testimony recorded by a court reporter. Your answers become part of the official record and can be used at trial.
What types of questions are asked?
Background, accident details, injuries and treatment, and impact on daily life. The opposing attorney looks for inconsistencies and admissions that may reduce your claim.
How do I prepare for a deposition?
Review your medical records, be consistent with prior statements, answer only what is asked, say "I don't know" when you don't, and prepare thoroughly with your attorney.
Find a Personal Injury Attorney in Your City
InjuryClaimSource is an educational resource. We are not a law firm. Deposition procedures vary by jurisdiction. Consult and prepare with a qualified personal injury attorney before any deposition.