What Is a Deposition and How Should You Prepare in a PI Case?

A deposition is part of the legal process that happens before your case reaches a courtroom. You’re asked to answer questions under oath, and your answers are recorded. It doesn’t take place in the courtroom, but it is a formal legal proceeding, and your sworn deposition testimony can be used as evidence going forward in your personal injury case.

During a personal injury case, the attorney representing the person or company you’ve brought the lawsuit against will ask you questions. Your own attorney should be present, and sometimes there will also be a representative or claims adjuster from the defendant’s insurance company. Depositions often happen in a lawyer’s office, but sometimes take place over video calls like Zoom.

The purpose of a deposition in a personal injury case

The purpose of a deposition is to give both sides a chance to gather facts before going to trial. Lawyers use this process to learn what witnesses and victims know about an accident or injury, and the answers are recorded for the record. Depositions help everyone prepare for a potential trial and allow lawyers to determine what the witness might say in a trial and decide which facts help or hurt their case.

What topics can you expect to come up during your deposition?

The questions during a deposition are meant to get an honest, complete understanding of what happened and what arguments might be presented if the case goes to court. Here’s an overview of what you can generally expect:

Background information

Lawyers will start with basic details about you. This often covers your name, age, education, and job history. They also ask about previous claims or injuries. Knowing your background helps to determine if this accident changed your life in new ways, and reveals if you have been through anything similar before.

Accident details

You’ll be asked to describe the accident. Expect questions on what happened, when and where it happened, who was there, and how you think it occurred.

Medical treatment

Lawyers focus on your medical care. They ask what your diagnosis was, where you got treatment, what doctors or hospitals you saw, and whether there were any breaks in your treatment. They might also ask about your past health problems. This line of questions paints a clear picture of your medical journey, including how seriously you got hurt and whether you have pre-existing conditions that might come into play during the case.

Pain and limitations

You’ll answer questions about your pain and suffering and how life feels now compared to before. Did your injuries make daily activities harder? What about doing your job or enjoying hobbies? If your injuries changed your ability to live a normal life, this should be discussed in the deposition.

Damages

Expect to talk about your expenses and losses. This includes medical bills, lost income if you missed work, and significant expenses you expect going forward. You want to ensure you know what you’ve lost due to the accident so you can back up your claim.

Social media and surveillance

It’s not unusual for the opposing lawyer to ask you about social media activity if you’ve posted anything since the accident occurred. Opposing parties often look for videos or posts that aren’t in line with what you claim your injuries are as a way to argue that the situation isn’t as severe as you’re claiming.

Depositions can be stressful, but the best way you can prepare is to be honest and make sure you prepare with your lawyer.

How to prepare for a deposition with your personal injury lawyer

When you’re going through the personal injury claims process, preparation is key, especially regarding depositions. Your lawyer is going to play a substantial role in this. They will meet with you to review your version of what happened, lay out what to expect beforehand, and help you understand the details.

They should go through practice questions with you until you’re comfortable with the process. Preparing before testifying at a deposition is different for everyone, so your lawyer will adapt the approach to meet your needs and overcome any nerves you may have.

Rules to live by when testifying during a deposition

No matter how calm or nervous you feel, there are a few important rules every person should keep in mind during their deposition.

Tell the truth

Testifying is about facts. Always tell the truth. Even if you think part of the story makes you look bad, you should never lie about it. It’s never worth risking your credibility by stretching the facts.

Listen, pause, and answer only the question asked

Wait until the full question is finished. Make sure you heard what was asked, pause, think, and then give only the answer requested.

Keep it concise

Only answer the specific question asked. Avoid lengthy details or adding information. Less is often more, especially when the questions are coming from an adversary.

Don’t guess

If you can’t remember something, it’s okay to say you don’t know or can’t remember. You shouldn’t try to guess or come up with something so that you have an answer to provide. It’ll hurt your case much more to make something up than to simply say you can’t remember.

Stay calm and polite—don’t argue

Remain respectful throughout your testimony, even if the opposing counsel is being argumentative. Staying calm and polite makes it less likely that you’ll say something you don’t mean or something that will hurt your case.

If you don’t understand something, ask for clarity

If you’re unsure about a question, simply ask for it to be repeated or rephrased. Never answer what you don’t understand.

Ask for breaks

If you need a moment to think, gather your thoughts, or just take a break, don’t hesitate to ask. Some Pennsylvania judges follow rules that limit private attorney–client conferences during a deposition, especially while a question is pending, but your lawyer will advise you on the applicable rules for your case.

In any kind of personal injury case, our lawyers are here to support you. We have years of experience, specifically in personal injury cases and handling depositions, and we’ve recovered millions of dollars for our clients. While past recoveries don’t promise future outcomes, they do show how dedicated we are to our clients.

There’s no harm in reaching out to us for help. We work on contingency so there is no fee unless we recover for you. Contact Carmody and Ging Injury & Accident Lawyers to schedule a free consultation.