Only about 3% of personal injury cases go to trial, but if yours does or looks like it might, you may be asked to give a deposition. A deposition is a routine step in a case, and while it might seem intimidating at first, it’s an opportunity to share your account of what happened.
While feeling nervous about giving a deposition is understandable, the proper preparation can give you the focus and confidence you need. Knowing the types of questions you’ll face, how to answer them clearly, and what legal protections apply makes the process more manageable.
Learn what to expect and how an experienced South Florida injury lawyer can guide you with practice questions, phrasing tips, and legal support.
What Is a Deposition?
A deposition is a formal question-and-answer session where both sides of a lawsuit gather information about a case. It takes place during the discovery phase, which is the period before a case goes to trial.
A deposition does not take place in a courtroom or in front of a judge. However, you are under oath and your answers will be recorded, meaning you must answer truthfully.
The opposing attorney will ask questions, and your attorney will be there to protect your rights. Depositions help both sides understand the facts, but they don’t determine the outcome of your case on their own.
Where Does a Deposition Take Place?
Depositions typically occur in a private setting, allowing all parties to stay focused and comfortable.
- Most occur in a lawyer’s office or a conference room, providing a professional environment that’s more relaxed than a courtroom.
- Both sides may agree on a neutral location, such as a rented meeting space.
- The room is quiet and free of distractions, ensuring everyone can concentrate on the testimony.
This setting fosters a structured discussion where questions can be asked and answered without the pressure of a courtroom.
Who Will Be Present?
Depositions involve a small group of people, each playing a specific role. Those in the room may include:
- The person giving testimony, known as the deponent, answers questions under oath.
- Attorneys from both sides attend to ask questions and clarify details.
- A court reporter records everything that is said to create an official transcript.
- A videographer may be present if the deposition is being recorded on video.
While no judge or jury is present, depositions are still part of the legal process, and everything said becomes part of the official record.
What Questions Will You Be Asked?
Depositions focus on legally relevant questions similar to those that may be asked in court, covering details about the case and its impact.
- You’ll be questioned about your background, such as “Where were you working at the time of the incident?” or “Had you received medical treatment for similar injuries before this?”
- Questions will cover the events leading up to the incident, such as “What were you doing just before it happened?” or “Can you describe what you saw or felt?”
- Attorneys may ask about injuries and treatment, such as “When did you first seek medical care?” and “What treatment have you received?”
- You might need to discuss documents or prior statements with questions like “Have you given any recorded statements about this case?” or “Have you reviewed any reports related to the incident?”
Your personal injury attorney can review possible questions with you and conduct a mock deposition, helping you practice your responses and answer comfortably.
How Long Does a Deposition Take?
Depositions vary in length depending on the complexity of the case and the number of questions asked.
- Some last an hour or two, while others can take an entire day.
- Unless otherwise agreed or ordered by the court, depositions are limited to one day and lasting no more than seven hours.
- More detailed cases with multiple parties or extensive medical records may take longer.
- Expect multi-day depositions for complex cases with extensive evidence.
Taking the time to answer carefully helps create an accurate record of your testimony. Discuss your concerns with your attorney, who can request breaks or adjustments as needed.
Tips for Giving Your Deposition
Understanding how to approach a deposition can make the experience feel more manageable. Use these tips to practice with your attorney ahead of time to feel more at ease throughout the process on the day of your deposition:
- Listen Before Responding: Pause to make sure you understand the question before answering. Say, “Can you rephrase that?” rather than guessing at an answer if something is unclear.
- Take Your Time: Speak at a steady pace, and don’t rush to fill silence. If you don’t remember something, it’s better to say, “I don’t recall,” than to speculate.
- Stick to the Facts: Answer only what is asked without adding unnecessary details. If more information is needed, the attorney asking the questions will follow up.
- Dress Professionally but Comfortably: Wear business casual clothing that looks polished and allows you to sit comfortably for long periods. Avoid bold patterns or anything too relaxed, like t-shirts or sneakers.
- Take Breaks and Stay Hydrated: Depositions can be tiring, so bring water and take breaks when needed. Let your attorney know if you need a moment to step away and refocus.
- Wait for Your Attorney’s Guidance on Objections: If an attorney objects to a question, pause and let them address it before responding. They may advise you not to answer in certain situations.
Your attorney will walk you through practice sessions and support you during the deposition so you feel confident in your responses.
Protect Your Rights With Experienced Legal Guidance
A deposition can feel intimidating, but guidance from a skilled attorney helps you understand the process, know how to respond to questions, and feel ready for the experience.
At Aigen Injury Law, our team helps clients prepare with practice sessions, legal guidance, and personalized support. If you’re facing a deposition in a personal injury case, let us help you give the strongest testimony for your case.
Contact Aigen Injury Law today to discuss your situation and get the legal support you need.