When you sit for a deposition, you will be sworn in and asked to provide truthful answers to a series of questions. A court reporter will be present and record everything that is said. A deposition is very similar to a trial. Your lawyer will be there and may offer advice throughout your session. The other party’s representative will also have the opportunity to pose questions.
The personal injury lawyer who represents you will take the time to explain exactly what a deposition is, how it works, and what to expect. They may conduct practice sessions with you so you feel well-prepared on the day of your deposition.
Why Are Depositions Necessary in Personal Injury Cases?
A deposition is a sworn testimony given in an out-of-court setting. In many cases, it will take place in a lawyer’s office. A deposition is a fact-finding session taken for the following reasons:
- It allows representatives for the plaintiff (the injured party) and the defendant (the at-fault party) to learn the facts of the case.
- It gives each side a glimpse into the other side’s case and an opportunity to understand their own and the opposing side’s strengths and limitations.
- It paints a realistic picture of how a plaintiff or defendant may conduct themselves if the case results in a trial.
One of its primary purposes is to understand how and why your accident occurred and how it affected you physically, mentally, and emotionally. If the other involved party attributes any percentage of fault for the accident to you, their allegations can be addressed during deposition.
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Will There Be a Deposition Even If There Is Not a Trial?
It is possible that you will have a deposition and your case will not continue on to trial. Most tort cases settle outside of court. As your personal injury lawyer can attest, a settlement is usually the result of evidence that clearly indicates negligence and fault.
The testimony given at a deposition (yours and the at-fault party’s) could sway your case toward a settlement rather than a lengthy trial. This makes the deponent’s (the person being questioned) truthful responses critically important.
How Does the Question-and-Answer Process Work During My Testimony?
When a representative for either side wants to depose a witness, they must give them reasonable notice. Everyone is entitled to time to prepare.
Each side will have the opportunity to ask the witness questions. Just as it happens in court, one side will pose their questions, and the other side will pose theirs. In addition, your lawyer can make objections to certain questions and may ask you not to respond to a question.
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What Type of Questions Will I Be Asked When I Am Being Deposed?
There is no list of questions or formulaic approach to questioning. Even two witnesses in the same case will not be asked an identical list of questions. In a personal injury case, questions might cover:
- You and your background
- Your relationship to others being deposed
- The accident and the accident scene
- Your injuries and their extent
- Your job and income loss
This list is only sample questions. Your lawyer will explain the questions they anticipate you will be asked in greater detail and the importance of providing truthful, straightforward answers and concise responses. Only answer the questions you are asked without any embellishment.
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Who Can I Expect to Be Present During the Deposition?
It can be stressful and intimidating to talk about your accident, injuries, and potentially personal matters in front of strangers. This is one reason your lawyer works with you prior to the deposition date.
Of course, you will be present. In addition, at a deposition, the following people will be there:
- The negligent party’s representative, who will ask their own set of questions
- Your attorney, who will advise you throughout the process and work hard to make you comfortable
- A court reporter, who will record everything that is said, including questions, responses, and objections
The room will not be full of people, though other witnesses in your case might be in attendance.
What Happens Before the Deposition? What Happens Afterward?
Before you are deposed, the court reporter will swear you in. The procedure will be explained to you along with certain rules, such as:
- Provide honest answers.
- Respond in complete sentences.
- Do not guess if you do not know the answer.
- You will be asked about your mental clarity.
After the deposition is over, you can leave. The court reporter will transcribe their notes and provide copies to each side’s attorney. Your lawyer can also give you a copy if you want.
How Long Do Personal Injury Depositions Take?
Every deposition is different, so there is no pre-determined timeline for one. A deposition can be very lengthy, sometimes lasting for hours. If it becomes particularly lengthy, a deposition can even span multiple sessions.
Dress comfortably and let your attorney know if you are feeling overwhelmed, ill, or would benefit from a short break. The office staff may give you some water upon request since the session can take a long time.
Get Help Understanding the Deposition Process
If you are pursuing compensation after a negligence-based injury, you might be required to participate in a deposition and answer questions about your case. You do not have to attend your deposition without legal guidance and support.
Our client-focused team at Kaine Law is ready to answer your questions and help you hold the at-fault party financially liable for your accident-related expenses and losses. Contact our consultation team to learn more about what a personal injury deposition is, how it works, and what you can expect. We offer free consultations and work on contingency.
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