How to Prepare for a Deposition in Your Personal Injury Case
If you’ve been seriously injured in a car accident and filed a personal injury claim, you may be asked to give a deposition—a formal, recorded statement given under oath before trial. While this can sound intimidating, proper preparation can make a big difference. At Triangle Legal, we help our clients feel confident and ready every step of the way.
Below is a guide to help you understand what to expect and how to prepare for your deposition.
What Is a Deposition?
A deposition is part of the discovery process in a lawsuit. It’s a chance for the opposing attorney—usually hired by the insurance company—to ask you questions about the accident, your injuries, your medical treatment, and how your life has been affected.
Even though a deposition isn’t held in court, it is given under oath and can be used as evidence. That’s why it’s important to be honest, careful, and well-prepared.
Key Tips for Deposition Success
1. Tell the Truth—Always
Your answers are given under oath, just like in court. If you don’t know something or don’t remember, it’s perfectly acceptable to say so. Never guess.
2. Answer Only the Question Asked
Keep your responses short and focused. Do not offer extra information. Just answer the question and stop. For example:
Q: “What time did the accident happen?”
A: “Around 3:15 p.m.”
(not: “Around 3:15 p.m. I was leaving work and turning onto Main Street…”)
3. Speak Clearly and at a Measured Pace
Your deposition is transcribed by a court reporter. Speak slowly and clearly so your answers are accurately recorded. Avoid mumbling or nodding. If the question is unclear, ask for it to be repeated or clarified.
4. Don’t Be Afraid to Say ‘I Don’t Know’ or ‘I Don’t Remember’
You are not expected to recall every detail. It's better to admit uncertainty than to give a wrong or misleading answer.
5. Stay Calm and Professional
Opposing counsel may ask difficult or repetitive questions. Stay polite. Don’t argue or get defensive.
6. Pause Before Answering
Take a moment before responding. This helps ensure you understand the question and gives your attorney a chance to object if needed.
7. Ask to Speak with Your Attorney if Needed
If you are unsure about how to answer a question or feel uncomfortable, you are allowed to ask for a break and speak with your attorney privately before responding. This is completely appropriate and can help protect your interests.
Topics You’ll Likely Be Asked About
Your Background
Name, address, employment, and education
Any previous injuries or medical conditions
Details of the Accident
Where you were going
What happened before, during, and after the crash
Weather and road conditions
Your Injuries
What hurt immediately after the crash
What symptoms have persisted
How your life has changed (work, daily routines, sleep, etc.)
Your Medical Treatment
Doctors, clinics, and hospitals visited
Surgeries, physical therapy, medications
Current limitations or pain levels
Impact on Your Work and Finances
Time missed from work
Changes in job performance
Lost wages or future earning capacity
How to Prepare Before the Deposition
Meet with your attorney to review key facts and practice answering common questions.
Review your medical records and any statements you've given (such as to insurance adjusters).
Be honest about past injuries or conditions—hiding them can damage your credibility.
Dress professionally and arrive on time.
Bring any medical devices you regularly use (e.g., brace, cane) to show the real impact of your injuries.
Why Preparation Matters
Your deposition is one of the most important parts of your case. Insurance companies often decide whether to settle or go to trial based on how you perform. The better prepared you are, the more likely you are to be taken seriously—and fairly compensated.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. If you are involved in a personal injury case or have been asked to give a deposition, you should consult with a licensed attorney who can advise you based on the specific facts of your case.