What Happens at a Deposition in a Personal Injury Case?

TL;DR - Key Takeaways

1. A deposition is sworn testimony given outside of court during the discovery phase, where lawyers from both sides ask you questions that are recorded by a court reporter
2. You'll answer questions about your background, the accident, your injuries, and how they've affected your life, all under oath
3. Your deposition testimony becomes part of the legal record and can be used in settlement negotiations or at trial
4. Most personal injury cases (around 90-95%) settle before trial, and your deposition often plays a critical role in reaching that settlement
5. Having an experienced personal injury lawyer prepare you for your deposition and protect your rights during questioning is essential to your case's success

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If you've been injured in a car accident, truck crash, or motorcycle crash and you're pursuing compensation, there's a good chance you'll face a deposition. The process can feel intimidating if you've never been through it before. You might wonder what questions you'll face, who'll be in the room, and how your answers might affect your case. For over 25 years, we've handled personal injury cases across Colorado, Washington, Oregon, Wyoming, and Nebraska, and understanding what happens at a deposition can help you feel more prepared and confident when your time comes.

What a Deposition Is and Why It Matters in Personal Injury Claims

A deposition is sworn testimony you give outside of a courtroom, typically in a lawyer's office or conference room. Think of it as a recorded interview where you answer questions under oath. A court reporter deposition transcribes everything you say, creating an official record that both sides can use throughout your case.

Depositions happen during the discovery phase of a lawsuit, which is when both sides gather information and evidence. According to recent litigation data, the discovery phase often takes between 6 and 12 months, and depositions are one of the most important tools lawyers use to build their case.

Here's why understanding what happens at a deposition matters so much: roughly 90 to 95 percent of personal injury cases settle before trial. That means your deposition often becomes the only time both sides get to evaluate you as a witness. Insurance companies and defense attorneys will use your sworn testimony to decide whether to offer a fair settlement or push toward trial. Strong, consistent testimony can lead to better settlement offers.

How a Deposition Works Step-by-Step

If you're being deposed, you'll receive written notice at least 10 days before the scheduled date. Your car accident lawyer, motorcycle accident lawyer, or truck accident lawyer will be there with you throughout the entire process.

When you arrive, you'll typically find yourself in a conference room with several people: your personal injury lawyer, the opposing attorney (usually representing the insurance company), a court reporter and if requested a videographer may record your testimony. The court reporter will swear you in, just like in a courtroom, and then the questioning begins.

The defense attorney usually asks most of the questions. Sessions typically last anywhere from two to seven hours, depending on the complexity of your case. You're allowed to take breaks, but you'll need to answer any pending question before stepping away.

Everything you say gets recorded. The court reporter will later produce a written transcript of the deposition, which becomes part of the official case record. If your case goes to trial, lawyers can use your deposition testimony to challenge you if you say something different on the witness stand.

Types of Questions Asked During a Personal Injury Deposition

Defense attorneys follow a fairly predictable pattern with deposition questions in personal injury cases. They want to build a complete picture of who you are, what happened, and how you've been affected.

Background Questions

You'll start with basic information about yourself. Expect questions about your name, address, employment history, education, and prior medical conditions. The defense wants to know if you had any pre-existing injuries that might explain your current condition.

The Accident

You'll walk through exactly what happened. If you were in a car accident, they'll ask about road conditions, weather, what you saw, and what happened immediately after. For motorcycle accident cases, they'll ask about your riding experience and safety gear. In truck accident claims, they'll dig into the sequence of events and who you believe was at fault.

Your Injuries and Treatment

The defense attorney will ask you to describe every injury you've suffered and every doctor you've seen. They'll want to know about your diagnosis, treatment plan, medications, and surgeries. They'll also ask how your injuries affect your daily life. Can you work? Can you exercise? Can you play with your kids?

Financial Impact

Expect questions about lost wages, medical bills, and other out-of-pocket expenses related to your accident. Your attorney will help you organize these records before your deposition.

Prior Injuries and Accidents: Defense attorneys always ask if you've been injured before or filed other injury claims. They're trying to argue that your current injuries aren't as severe as you claim. Answer honestly but precisely.

If you or a loved one was injured in a car accident, call us at 866-377-3800 or schedule a free consultation at www.metierlaw.com.

What Happens After a Deposition

Once your deposition ends, the court reporter prepares a transcript. You'll usually have the chance to review it and make corrections if you misspoke or need to clarify something. Any changes you make will be noted in the record.

After depositions wrap up, settlement negotiation often begins in earnest. The defense has now heard your story under oath and can assess how you'll perform as a witness if the case goes to trial. Your attorney will use the information gathered from all depositions to strengthen your position in negotiations.

According to U.S. Courts data, personal injury cases filed in federal courts increased by 30% in recent years, but the vast majority still settle before reaching a jury. Your deposition plays a significant role in that settlement decision.

How a Deposition Can Impact Your Personal Injury Settlement

Understanding what happens at a deposition helps you see why this moment matters so much to your case value. Your performance during questioning can directly affect settlement negotiations.

Credibility is everything. If you come across as honest, consistent, and genuine, insurance adjusters take your claim more seriously. If you contradict yourself or seem evasive, they'll use that against you in negotiations.

Demonstrating impact matters. When you clearly explain how your injuries have changed your life, with specific examples and without dramatics, you help the defense understand the full scope of your damages. This can lead to higher settlement offers.

Preparation shows. Victims who work closely with their personal injury lawyer to prepare for a deposition tend to give stronger testimony. We've seen this repeatedly over our 35 plus years of trial experience. Knowing how to prepare for a deposition and what to expect helps clients stay calm under pressure and answer questions confidently.

Inconsistencies hurt. If you say one thing in your deposition and something different in your medical records, the defense will exploit that. One of the biggest reasons to have an experienced attorney by your side is to help you avoid these traps.

Your deposition also helps both sides assess trial risk. If the defense thinks you'll be a strong, sympathetic witness in front of a jury, they're more motivated to settle. Data shows that about 95% of cases settle, and what happens at a deposition often determines whether your case falls into that 95% or the 5% that go to trial.

Frequently Asked Questions

Q: How long does a deposition usually take? 

A: Most depositions last between two and seven hours, depending on how complex your case is. Simpler cases might wrap up in under two hours, while cases involving severe injuries or multiple parties can take longer.

Q: Can I refuse to answer questions during my deposition? 

A: You must answer questions truthfully unless your attorney objects based on privilege or relevance. Your lawyer will protect you from improper questions, but in general, you'll need to answer most of what's asked. It's always acceptable to say "I don't know" or "I don't remember" if you truly don't have an answer.

Q: What should I do to prepare for a deposition? 

A: Review all the facts of your accident with your attorney, go over your medical records and treatment timeline, and practice answering common questions. Your personal injury lawyer may conduct a mock deposition with you so you know what to expect and feel confident about what happens at a deposition.

Q: Will my deposition be used at trial? 

A: It can be. If your case goes to trial and you testify differently than you did in your deposition, the opposing attorney can use your deposition transcript to challenge your credibility. That's why it's so important to tell the truth and stay consistent.

Q: What happens if I make a mistake during my deposition? 

A: You'll have the opportunity to review the transcript and make corrections. Any changes will be noted in the record, but significant changes might hurt your credibility. The best approach is to listen carefully to each question, take your time answering, and speak truthfully.

Contact a Personal Injury Attorney at Metier Law Firm Today

A deposition is one of the most important moments in your personal injury case. How you prepare, how you answer questions, and how you handle yourself under oath can make the difference between a fair settlement and a disappointing outcome.

We've been fighting for injury victims in Colorado, Washington, Oregon, Wyoming, and Nebraska for decades. We know exactly how to prepare our clients for this critical step. Whether you've been hurt in a car crash, truck accident, or motorcycle collision, we'll stand by your side through every stage of your case. We'll help you understand what happens at a deposition, practice your testimony, protect you from unfair questions, and use your deposition to strengthen your position in settlement negotiations.

Call Metier Law Firm at 866-377-3800 or schedule your free consultation today at www.metierlaw.com.

Disclaimer: Past results discussed should not be considered a guarantee of your results as the factors of every case are individually unique. This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney from Metier Law Firm regarding your individual situation for legal advice.

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