What Happens During a Deposition
A typical deposition involves:
- The deponent (often the plaintiff) answering questions from the opposing attorney
- A court reporter transcribing the testimony verbatim
- The plaintiff's attorney present but generally limited in their ability to object or coach
- Proceedings that may last anywhere from one hour to a full day depending on case complexity
Depositions typically take place in an attorney's office, not a courtroom. However, the testimony is taken under oath and carries the same legal weight as courtroom testimony — meaning inconsistencies can be used later to challenge credibility.
Common Topics Covered in Personal Injury Depositions
- Background information about the plaintiff (education, employment, prior injuries)
- The circumstances of the accident
- The injuries sustained and their impact on daily life
- Medical treatment received and providers seen
- Activities or work impacted by injuries
- Prior accidents or injuries (insurance companies often ask about this)
Tips Attorneys Often Give Deponents
- Listen carefully to each question and answer only what was asked
- It is acceptable to say you do not know or do not remember if that is accurate
- Do not guess — speculation can be used against you later
- Stay calm and avoid getting emotional or combative
- Review your medical records and prior statements with your attorney beforehand
Frequently Asked Questions
Can I refuse to answer questions at a deposition?
Generally, deponents must answer relevant questions under oath. However, your attorney may object to certain questions on grounds such as privilege or relevance. Some questions — like those covered by attorney-client privilege — do not need to be answered. Your attorney will advise you on what is protected.
What if my deposition testimony conflicts with other evidence?
Inconsistencies between deposition testimony and other evidence (like medical records, social media posts, or prior statements) can significantly harm your credibility and case value. Being truthful, thorough, and consistent in all communications from day one of your claim is important.
Do I have to give a deposition in every personal injury case?
Depositions are common in cases that proceed to litigation, but not every case reaches that stage. Many personal injury cases settle before depositions are taken. If a case settles early, a deposition may never occur.
InjuryClaimSource is an educational resource for accident victims. We are not a law firm and do not provide legal advice. Information on this site is for general informational purposes only. Laws vary by state. Always consult a qualified personal injury attorney in your area.