What to Expect at a Deposition (If Your Claim Goes That Far)

A deposition is sworn testimony given outside of court, typically in an attorney's office. The opposing side's lawyer asks you questions while a court reporter records everything. Your answers can be used at trial, so preparation matters. Key rules: tell the truth, listen carefully, answer only what is asked, and do not guess. Most injury claims settle before reaching this stage, but if yours does not, understanding the process reduces anxiety. This article is for general informational purposes only and is not legal advice.

The word "deposition" can sound intimidating. Many people picture intense courtroom dramas with aggressive cross-examination. The reality is usually much calmer—but it is still an important part of the legal process. A deposition occurs during the "discovery" phase of a lawsuit, after you have filed a complaint but before trial. It gives the other side a chance to hear your account of the accident and your injuries. This guide will walk you through what a deposition is, what to expect, how to prepare, and tips for testifying effectively. For an overview of the litigation timeline, see [How Long Does an Injury Claim Take?](/blog/how-long-injury-claim-take-timeline).

• **Depositions are sworn testimony**: Everything you say is under oath and can be used at trial. • **They happen outside of court**: Usually in a conference room at a law office. • **The other side asks questions**: Their attorney is trying to learn about your case and look for weaknesses. • **A court reporter records everything**: Your testimony becomes part of the official record. • **Your attorney is present**: They can object to improper questions but generally cannot coach you during questioning. • **Preparation helps**: Reviewing your records and understanding common questions reduces surprises. • **Honesty is essential**: Inconsistencies or perceived dishonesty can seriously damage your case.

A deposition is a formal question-and-answer session conducted under oath. Here is how it typically works: **Setting**: A conference room, not a courtroom. Present are you, your attorney, the opposing attorney(s), and a court reporter. Sometimes a videographer records the session. **Process**: 1. You are sworn in (you promise to tell the truth) 2. The opposing attorney asks questions 3. You answer verbally (nods and gestures do not work for the record) 4. The court reporter transcribes everything 5. Your attorney may object to certain questions but usually you still answer 6. The session can last from one hour to several hours **Purpose for the opposing side:** • Learn the details of your version of events • Assess how you will come across to a jury • Lock you into specific testimony that can be used at trial • Look for inconsistencies with other evidence • Explore the extent of your injuries and damages

While every case is different, certain topics come up frequently: | Topic Area | Example Questions | |------------|-------------------| | **Background** | Name, address, education, employment history | | **The accident** | Where were you going? What happened? What did you see? | | **Injuries** | What hurts? When did symptoms start? How has your life changed? | | **Medical treatment** | What doctors have you seen? What treatments have you had? | | **Prior health** | Any previous injuries to the same body parts? Pre-existing conditions? | | **Daily life** | What activities can you no longer do? How do your injuries affect work? | | **Damages** | What expenses have you incurred? What wages have you lost? | | **Social media** | Have you posted about the accident or your activities since? | **Expect questions designed to test your memory and consistency:** • "Are you sure about that?" • "Is it possible you are mistaken?" • "Did you say something different to your doctor?"

Preparation is the key to a successful deposition: **1. Review key documents:** • Your complaint and the defendant's answer • Medical records and bills • Police report (if applicable) • Any written statements you have made • Photographs from the accident **2. Meet with your attorney:** • Go over likely questions and topics • Practice answering clearly and concisely • Understand what objections your attorney might make • Discuss any sensitive areas or potential weaknesses **3. Refresh your memory:** • Review the facts of the accident • Know the timeline of your medical treatment • Be familiar with your current symptoms and limitations **4. Take care of yourself:** • Get a good night's sleep before the deposition • Eat a proper meal • Dress professionally (business casual is typical) • Bring water and any needed medications For more on documenting your case, see [What to Do After an Accident—Your Next Steps Checklist](/blog/what-to-do-after-accident-checklist).

How you answer is as important as what you say: **DO:** • **Tell the truth**: Always. Inconsistencies can destroy your credibility. • **Listen to the entire question**: Make sure you understand before answering. • **Answer only what is asked**: Do not volunteer extra information. • **Take your time**: There is no rush. Pause to think if needed. • **Say "I don't know" or "I don't remember" if true**: Do not guess. • **Ask for clarification**: If a question is confusing, ask for it to be rephrased. • **Stay calm**: The opposing attorney may try to frustrate or confuse you. • **Speak clearly**: The court reporter needs to hear and record your words. **DON'T:** • **Guess or speculate**: If you do not know, say so. • **Argue with the attorney**: Answer the question and move on. • **Get angry or defensive**: Stay composed. • **Joke around**: This is a serious proceeding. • **Look to your attorney for answers**: They cannot tell you what to say. • **Exaggerate your injuries**: It will backfire. • **Discuss your testimony during breaks**: Opposing counsel may ask what you talked about.

Your attorney is present to protect your rights, but their role is limited: **What they CAN do:** • Object to improper questions (the objection is noted for the record) • Ask you to clarify answers that were unclear • Request breaks if you need them • Stop the deposition if the opposing attorney is abusive • Ask follow-up questions at the end to clarify your testimony **What they CANNOT do:** • Tell you how to answer questions • Coach you during questioning • Object to prevent you from answering most questions (you usually still have to answer) Most objections are "preserved for the record"—meaning you still answer the question, and a judge will decide later if it was proper. Only in rare cases (like questions about privileged communications) can you refuse to answer.

**Situation**: Elena is being deposed about a car accident. The opposing attorney asks about her injuries. **Question**: "Can you describe the pain you experienced after the accident?" **Good answer**: "Immediately after the crash, I felt a sharp pain in my neck and a dull ache in my lower back. Over the next few days, the neck pain got worse, and I developed headaches." **Why it works**: Elena answers specifically, describes what she actually experienced, and does not exaggerate or minimize. **Bad answer**: "It was the worst pain of my life. I thought I was going to die." **Why it is problematic**: This sounds exaggerated and could undermine Elena's credibility if medical records do not support such extreme descriptions.

**Situation**: Robert is being deposed. The attorney asks a compound question designed to confuse. **Question**: "Isn't it true that you were looking at your phone, speeding, and not paying attention when the accident happened?" **Good approach**: "I'm sorry, there are several parts to that question. Can you ask them one at a time?" **Why it works**: Robert does not let himself be trapped into a yes or no answer that might misrepresent the facts. Breaking down compound questions is perfectly acceptable. **Alternative answer**: "No, that's not accurate. I was not looking at my phone, I was driving at the speed limit, and I was paying attention to the road." **Why this also works**: If Robert is confident about the facts, he can deny the premise clearly and completely. For more on how claims proceed, see [California Injury Claims 101](/blog/california-injury-claims-101).

☐ Review your complaint and the defendant's answer ☐ Re-read all medical records related to your injuries ☐ Review the police report and any witness statements ☐ Look at photos from the accident scene and of your injuries ☐ Meet with your attorney to discuss likely questions ☐ Practice answering questions out loud ☐ Get a good night's sleep the night before ☐ Eat a proper meal before the deposition ☐ Dress professionally (business casual) ☐ Bring water and any needed medications ☐ Arrive on time or early ☐ Remember: tell the truth, listen carefully, answer only what is asked

If your injury claim has progressed to the point of depositions: 1. **Work closely with your attorney**: They will help you prepare and know what to expect. 2. **Review all relevant documents**: Being familiar with your records reduces surprises. 3. **Practice**: Go through potential questions and practice answering concisely. 4. **Stay calm**: Remember, most depositions are routine. The other attorney is just doing their job. 5. **Contact Hurt Advice**: We can provide information about the legal process and connect you with resources. Visit our [homepage](/) or [contact us](/contact) for more information about navigating your injury claim.

This article is for general informational purposes only and is not legal advice. Every case is unique, and specific strategies depend on your circumstances. The information provided here does not create an attorney-client relationship. If you need guidance specific to your deposition, please work closely with your attorney. Past results do not guarantee future outcomes.