What Is a Deposition in a Personal Injury Case?
When you file a personal injury claim—whether from a car accident, slip and fall, or another incident—you may hear your lawyer talk about a “deposition.” For many clients, this is one of the most unfamiliar and intimidating parts of the legal process. Understanding what a deposition is and how it fits into your case can help ease concerns and prepare you for what’s ahead.
What Is a Deposition?
A deposition is a formal interview, conducted under oath, where attorneys for both the plaintiff and defendant ask questions of witnesses, parties, or experts involved in a case.
Depositions usually take place in a lawyer’s office rather than a courtroom. A court reporter records everything that is said, creating a transcript that can later be used in court.
A deposition is essentially an opportunity for each side to gather information, clarify facts, and preserve testimony for trial.
Why Depositions Matter in Personal Injury Cases
Depositions play a crucial role in the discovery process (or, the stage in a personal injury case where both sides exchange information before trial).
In personal injury cases, depositions help:
- Clarify the facts – Attorneys can ask questions on what happened, when, and how.
- Assess credibility – How a witness presents themselves and answers questions can influence settlement negotiations and trial strategy.
- Preserve testimony – If a witness becomes unavailable later, the deposition transcript can be used in court.
- Shape the case – Strong deposition testimony can encourage the opposing side to settle rather than risk trial.
Who May Be Deposed?
In a personal injury case, depositions might involve:
- The injured party (plaintiff), to describe the accident, injuries, and impact on daily life.
- The defendant, to explain their side of the story.
- Eyewitnesses, to provide independent accounts of what happened.
- Medical experts, to discuss the nature, extent, and cause of injuries.
- Other experts, such as accident reconstruction specialists or economists (for lost wage claims).
What to Expect at Your Deposition
You can expect all of the following if you attend a deposition:
- An oath – You will swear to tell the truth.
- Questioning – The opposing attorney will ask you questions first. Your attorney can object to improper questions but usually cannot stop you from answering.
- Breaks – You are allowed to take breaks and consult privately with your attorney.
- Transcript – Everything you say is recorded word-for-word.
Depositions can last anywhere from a couple of hours to a full day, depending on the complexity of the case.
FAQs About Depositions
Do I have to attend my deposition?
Yes. If you are a party to the case, you are legally required to appear once properly notified.
Will my case be decided at the deposition?
No. A deposition is only a fact-finding step, not a trial or ruling.
Can my attorney speak for me during questioning?
Your attorney can object to improper questions, but you must answer most questions yourself.
Will the deposition affect settlement?
Yes, sometimes significantly. Strong, consistent testimony can pressure the other side to settle.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
* Main image at top by Freepik