Deposition

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A deposition is a formal interview used to gather testimony from a witness before trial. It’s part of the legal process known as discovery, where both sides collect information to build their cases. In a personal injury case, a deposition gives attorneys the chance to question people under oath, including the plaintiff, defendant, eyewitnesses, medical providers, or expert witnesses.

While it happens outside the courtroom, a deposition is still a serious legal event. What you say during a deposition can directly impact settlement offers, trial strategy, and even the final verdict.

What Happens During a Deposition?

Depositions usually take place in an attorney’s office or conference room. 

Everyone present may include:

• The person being deposed (the “deponent”)
• Lawyers for both sides
• A court reporter
• (Sometimes) a videographer

Before questioning begins, the court reporter will swear in the witness. The deponent must then answer all questions truthfully under oath, just as they would in court.

The questions are typically asked by the opposing party’s attorney and can cover a wide range of topics, including:

• Your personal background and work history
• How the accident happened
• Details about your injuries
• Medical treatments received
• Daily impact of the injury on your life
• Prior injuries or health conditions
• Any lost wages or expenses
• Future limitations or care needs

Your own attorney can object to inappropriate questions, but you still have to answer unless the question is clearly improper.

Is a Deposition the Same as Testifying in Court?

A deposition is different from testifying at trial in a few key ways:

• It takes place outside the courtroom.
• There’s no judge or jury present.
• Lawyers can ask broader questions than they could in court.
• Your testimony is recorded, not presented live.

That said, the statements you give can still be used in court. If you say something at trial that conflicts with your deposition, the other side may point it out to discredit your credibility.

Why Do Depositions Matter in Personal Injury Cases?

Depositions play a major role in evaluating the strength of a personal injury claim. 

Insurance companies and defense lawyers use depositions to:

• Understand how a witness will appear to a jury
• Find inconsistencies in your story
• Test the medical basis for your injuries
• Estimate your damages
• Pressure you to settle

Your performance during a deposition can influence how the other side values your case. If your testimony is clear, honest, and consistent, it may strengthen your position and improve your chances of reaching a fair settlement.

How to Prepare for a Deposition

A good personal injury lawyer will prepare you thoroughly before your deposition. 

This may include:

• Reviewing your case and medical records
• Discussing common questions and best answers
• Practicing how to stay calm under pressure
• Reminding you not to speculate or guess
• Explaining how to ask for breaks if needed

It’s important to listen carefully to each question, answer truthfully, and keep responses short and direct. You don’t need to volunteer extra information. If you don’t know something, it’s okay to say “I don’t know” or “I don’t remember.”

How Long Does a Deposition Last?

The length of a deposition can vary depending on the complexity of the case and the number of questions asked. Most personal injury depositions last between 1 and 3 hours, though some may go longer.

In federal cases, depositions are generally limited to 7 hours per deponent, unless the court grants more time. State rules may differ, but most depositions are kept within reasonable timeframes.

Do I Have to Attend a Deposition?

Yes. If you’re a party to the case (such as the person filing the lawsuit), you are required to attend your own deposition. If you’re a witness, you may receive a subpoena, which legally compels you to appear.

Failing to attend a deposition without a valid excuse can result in:

• Court sanctions
• Dismissal of your claim (for plaintiffs)
• Fines or contempt orders

If you’re unsure about a notice or subpoena you’ve received, speak to an attorney immediately.

Are Depositions Public?

Depositions are not held in public courtrooms, but they are still part of the public record in most cases. If a deposition transcript is filed with the court or used during trial, it may become available to the public.

However, most deposition transcripts stay private unless specifically introduced in open court. Some cases may involve protective orders that limit public access to deposition materials.

Tips for Giving Strong Deposition Testimony

You don’t need to be perfect during a deposition. But these tips can help you stay focused and avoid common mistakes:

• Take your time before answering
• Don’t argue or get defensive
• Stick to facts and avoid exaggeration
• Ask for clarification if a question is confusing
• Don’t guess; it’s okay to say “I don’t know”
• Take breaks when you need them

Remember, a calm and consistent deposition helps your lawyer fight for the best outcome.

How a Deposition Affects Settlement

Depositions can move a case closer to settlement in several ways:

• They show each side the strengths and weaknesses of the case
• They help attorneys estimate how witnesses will perform at trial
• They clarify the scope of injuries and damages
• They may uncover new facts or legal issues

In many personal injury cases, settlement talks intensify after depositions are complete. If your testimony is strong and the evidence supports your claim, the other side may offer a fair resolution to avoid trial.

Contact Davis Law Group Car Accident and Personal Injury Lawyers for a Free Consultation 

A deposition is one of the most important parts of a personal injury case, shaping how insurance companies, defense lawyers, and even juries view your credibility. With the right preparation and guidance, you can give testimony that strengthens your case and moves you closer to a fair outcome. 

If you’ve been scheduled for a deposition or have questions about the process, the team at Davis Law Group Car Accident and Personal Injury Lawyers is here to protect your rights and prepare you every step of the way. Contact us today at (206) 727 4000 to schedule a free consultation.