A Victim’s Guide to Personal Injury Depositions

As you go through a personal injury case, you will go through many steps before you reach a settlement or end up in a trial. You may have thought about taking the stand in a trial, but before that takes place, you will likely face questions through a deposition.

The deposition is a way for lawyers to gather your side of the story and seek more information about the injuries you sustained and how you sustained the injuries. While you may feel anxiety and stress leading up to the personal injury deposition, the more you learn about the process, the easier time you will have.

Follow this guide to learn about depositions and what to expect when you answer questions from other lawyers.

Deposition Set-Up

A deposition will typically take place in a court reporter’s or lawyer's office. It may even occur via a virtual platform such as Zoom. Once there, you will go into the meeting room where you and your lawyer sit on one side while the other lawyer sits on the other side. A stenographer (court reporter) will sit close by to type up all of the questions and responses as they create a transcript.

In some cases, you may meet up at a neutral location that offers meeting space, but the area will almost always involve a meeting room of some sort. The dress codes differ and depend on different situations, but you should at least consider semi-formal attire for the occasion.

Talking Patterns

During a natural conversation, you may talk over a person or start to answer questions before they are complete. Due to the transcript and stenographer, you need to have a lot of patience when you sit through a deposition. Wait until someone finishes a question before you answer. Pause a second or two and it will help make the process go smoother.

If you end up talking over someone too much, then you could delay or extend the deposition and have to repeat several questions. Your lawyer will go over this again with you before the process begins and a stenographer will also repeat the rules before the official meeting begins.

Answering Questions

When you go into a deposition, you are not on the stand. You should be completely honest throughout the deposition. However, if you do not know the answer to a question or do not remember, those are acceptable responses. Do not just take a guess if you truly do not know or don’t remember.

When you answer questions about your injuries, you do not need to know medical terminology, just explain the best you can in layman’s terms. You also have the opportunity to take breaks anytime you want. Reliving traumatic moments can be hard. If you feel emotionally overwhelmed, you can ask for a break anytime you need to. You can also request simple items like a glass of water.

The questions will typically start with your basic information and then follow up with a recap of events. From there, the defense may ask more personal questions to get more details about the case and circumstances that surround your injury. The lawyer with you is able to object to the form of questions where appropriate, and any other questions that may invade certain privileges – such as attorney-client privilege (mentioned below) - and the objections will go into the transcript.

Lawyer Communication

Along with objections, a lawyer is there to help you through each step of the process. A lawyer wants to protect you and make you feel comfortable. They have been through many depositions in the past and know how the process works.

At any time, you also have the opportunity to talk to your lawyer privately. You would typically go into a separate meeting room and have the discussion with your lawyer. These discussions are not a part of the official transcript and you can speak openly to your lawyer about any questions or concerns you may have. However, prior to speaking to your lawyer during the deposition you must answer a pending question. A break cannot be held while a question is pending.

Deposition Transcript

In the weeks that follow your deposition, you will receive an official copy of the transcript from your deposition, if ordered. In many cases, you must read through the transcript and correct any errors you see on the pages. Read through line by line to ensure the spelling is correct and make sure there are no false lines about what you said.

Typically, you will need to notarize a document saying that you read the transcript and the words you read were the ones you gave at the deposition. Once edited and submitted, the deposition becomes an official part of your case and can serve to help your lawyers seek a settlement.

For more information on depositions and personal injury cases, contact us at Jeeves Law Group, P.A. Our experienced lawyers can help you through a personal injury case and any type of stressful event like a deposition.