Depositions

If your case is filed as a lawsuit, at some point the other side's lawyer will take your deposition. It is one of the most important days in the case, and it is one you can prepare for. Most people find it far less frightening once they understand what it is.

It is general information, not legal advice.

What a deposition is

A deposition is testimony given under oath before trial, usually in a conference room or by video. The defense lawyer asks questions; you answer; a court reporter records every word into a transcript. Your own lawyer sits with you and can object to improper questions, but in most depositions you still have to answer. The transcript can be used later at trial, especially to point out any difference between what you say then and what you say now.

What gets covered

• Your background — where you live, work history, family.
• Your health before the crash, including any prior injury to the same body part and any prior claims.
• Exactly how the incident happened, step by step.
• Your injuries, your treatment, and every provider you saw.
• How the injury has affected your work, your activities, and your daily life.
• What you have told others, posted online, or done physically since the crash.

The rules of a good answer

• Tell the truth. Always. A caught exaggeration can sink an otherwise good case.
• Listen to the whole question. Let the lawyer finish. Then pause — the pause also gives your lawyer time to object.
• Answer only what was asked. If the question is yes or no, answer yes or no. Do not explain unless asked.
• "I don't know" and "I don't remember" are real answers. Do not guess. A guess becomes a fact you are stuck with.
• Do not volunteer. Silence after your answer is the lawyer's problem to fill, not yours.
• Don't argue or get angry. Some questions are meant to provoke. Staying calm is part of the testimony.
• If you need a break, ask — except while a question is pending.
• Correct a mistake as soon as you realize it, on the record.

What the defense is doing

The defense lawyer has two goals: collect admissions and size you up. They want you on the record saying something that supports a fault argument, a pre-existing-condition argument, or a claim that the injury is minor. They also want to know whether a jury would believe and like you. A prepared, honest, composed witness is a serious problem for the defense, and that is the goal of preparation.

Preparing

Your lawyer meets with you before the deposition to walk through the topics, refresh the timeline from your records, and practice the question-and-answer format until it feels normal. Review your own prior statements — the crash report, any recorded statement, your discovery responses — so your testimony is consistent with them. Sleep, eat, and dress like you would for court.

Related: recorded statements · medical records.

Common questions

What is a deposition?

Sworn, out-of-court testimony taken before trial. A lawyer for the other side asks you questions, you answer under oath, and a court reporter writes it all down. Your lawyer is there with you.

How should I answer questions?

Listen to the whole question, pause, answer only what was asked, and stop. Tell the truth. If you do not know or do not remember, say so. Do not guess, do not volunteer, and do not argue.

What is the defense trying to get?

Admissions that help their side — that you were partly at fault, that your injury is not as bad or not from this crash, that you had prior problems in the same body part — and a sense of how you would come across to a jury.

Can I prepare?

Yes, and you should. Your lawyer will meet with you beforehand to go over the likely topics, review your records so the timeline is fresh, and practice the format. Preparation is the difference between a smooth deposition and a damaging one.