What Is Deposition and How Does It Affect Personal Injury Cases?

A personal injury deposition is an adversarial question and answer session where testimony is given under oath with a court reporter recording everything that is said. You as the plaintiff, as well as the defendant, witnesses, and others, may have to sit for depositions. Attorneys representing each party may ask you to verify past statements and generally describe your claim, including how the accident happened and your injuries and treatment.

The questions asked and answers given during a deposition will be reduced into a written transcript which may then be used by the parties in the course of litigation.

The experienced personal injury lawyers at Oresky & Associates, PLLC, will prepare you for your deposition. We will prepare you to anticipate the types of questions to expect and the proper way to answer during the deposition.

Deposition Definition and Specifics

The National Institute of Justice (NIJ) defines a deposition as “the recorded sworn oral testimony of a party or witness before trial”. In the context of a personal injury case, a deposition is part of discovery, or the process where both sides in the case exchange evidence and information about the accident and its consequences. During discovery, not only will each side have a chance to depose each other, they are also allowed to request documentation, such as records and photographs.

Do I Have to Attend a Deposition?

With few exceptions, yes, a deposition is mandatory when you are the plaintiff in a lawsuit. Failure to appear could result in legal consequences.

Who Asks Questions at a Deposition?

You will likely face questions from:

• Attorneys representing the defendant.
• Attorneys representing any other adverse party in the lawsuit.

Both you and any deponents whose testimony we seek may face tough questions from the defendant’s attorneys, who will do what they can to undermine your testimony and get you to say something that hurts your case.

The attorneys at Oresky & Associates, PLLC, will prepare you for what might happen at your deposition and advise you on how to respond to questions from the other side.

When and Where Does a Deposition Take Place?

Depositions occur during the discovery phase of your personal injury case. Information gathered from deponents will help determine appropriate next steps.

Unlike trial testimony, depositions are held outside of the courtroom. Potential venues include:

• An attorney’s office
• The court reporter’s office
• A conference room

Question Examples: What Is Discussed at a Deposition?

Depositions cover a lot of ground and often take hours to complete. Every question you answer will either provide direct information about your personal injury case or give opposing counsel insights as to whether you are a credible witness who will be believable at trial. Personal injury deposition questions include:

Background and Identification Information

General biographical information is generally elicited first. This includes where you were born, where you have lived and with whom, your employment history, and prior related medical conditions.

The Accident Circumstances

Witnesses to and participants in the accident may be asked about:

• Basic facts, including time and place.
• How the accident happened.
• What they did before, during, and after the event.
• People they spoke to and what the topic of conversation was.
• Everything they saw, heard, and experienced during the relevant time period.

Damages and Injuries

It is critical to establish the extent of your injuries and losses. You may be asked about what type of medical treatment you received and where, what your doctors have told you about your injuries, what symptoms you experienced, and what diagnostic tests you had (such as X-rays and MRIs). You will also be asked about the effect of these injuries on your life, including your pain and suffering.

Deposition Process Step-by-Step

Our personal injury attorneys will guide you through the entire deposition process from start to finish. That process typically follows these steps.

1. Prepare for the deposition: Our attorneys will help you prepare for the deposition by going over questions the other attorneys may ask.
2. Attend the deposition: It is vital that you arrive on time. If you are unfamiliar with the location, give yourself extra time to get there.
3. Take an oath: You must agree to tell the truth during your deposition. Purposely providing untrue information could have legal consequences.
4. Answer all questions: Unless your attorney objects, you are required to answer every question. If you need to consult with your attorney during the deposition you may have the opportunity to do so.
5. Transcription of your deposition: Your deposition may be recorded and/or sent out for transcription. Both sides will receive copies of this transcript.
6. Await next steps: What happens after a deposition in a personal injury case depends on the information from everyone’s deposition. We will keep you informed about what is happening with your case.

How Can Our Lawyers Help You Prepare for a Deposition?

There are three main ways we help you prepare to be deposed:

• First, we examine your case and tell you what kinds of questions are likely to come up during the deposition. This gives you time to consider how to respond.
• Second, we might hold a “practice run” that allows you to feel for yourself what it is like to be deposed. This allows you to refine your responses and adjust your strategy.
• Finally, we are always here to answer your questions until the moment the deposition begins. If you have any doubts or concerns, tell us immediately so we can address the issue while there is still time to do so.

During the deposition itself, we will be in the room with you, but we cannot provide any instruction or guidance on how to respond while a question is pending. As necessary, we can ask follow-up questions that allow you to clarify or contextualize answers you give to opposing counsel.

Tips: Deposition Do’s and Don’ts

The specifics of your situation will determine what you should and should not do during a deposition. Generally, you should:

• Answer each question to the best of your ability in a concise manner.
• Admit when you do not know an answer or do not understand a question.
• Tell the questioner immediately if you misspeak and ask to correct your testimony.
• Ask for breaks as you need them.
• Stay calm and professional, even if you feel the questions are inaccurate or misleading (you can provide correct information during your response).

In addition, you should not:

• Volunteer information that the questioner did not ask about or bring up.
• Provide information you know is not true, even if you think it is what the questioner wants to hear.
• Get angry or belligerent.
• Attempt to leave before the attorneys say the deposition is over.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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Strengthen Your Personal Injury Case

With our NY personal injury attorneys on your side, you do not have to worry about building your case by yourself. Oresky & Associates, PLLC, will explain what a deposition is, how it affects your personal injury case, and how you can make both your case and your testimony as solid as possible.

Call (718) 993-9999 now. Our firm has recovered over $500 million in settlements and verdicts since 1992. We are proud to represent clients regardless of their immigration status.