What to Expect at Your Deposition in a Personal Injury Case

If you’re pursuing a personal injury claim, you may find that the deposition is one of the most stressful parts of your case, especially if you’ve never been through one before. Being under oath and trying to answer both thoroughly and concisely can make it hard to focus, but what you say can quite literally make or break your case.

With the right legal support and guidance, you can better prepare for your deposition. At McNicholas & McNicholas, we focus on preparing our clients for deposition, discovery, and every other part of their personal injury trial. You deserve experienced, trial-tested representation from an attorney whose only focus is what’s best for you. Call us to schedule your free consultation.

What is a deposition?

A deposition is a formal legal process that involves giving testimony under oath prior to trial. It may be held in an attorney’s office or a conference room, depending on the arrangements made by your personal injury lawyer. Although the deposition doesn’t occur in court, everything you say can be used and referenced in court, so it’s important to be prepared. A court reporter creates an entire transcript of the deposition, and in some cases, it may even be videotaped.

Both sides of the case get to gather information via deposition. When you attend a deposition, the insurance company’s defense attorney will ask you questions about what happened and your injuries. Although your attorney will be there, they cannot answer for you.

What questions will I be asked?

The questions you are asked depend on the details of your case. In some cases, the other party has acknowledged their liability—in these situations, the amount of compensation you’re entitled to is the only thing in question. When this happens, you’ll largely be asked medical questions about your injuries and how they have affected your life.

In other cases, both liability and the extent of your injuries are in question. When this happens, you’ll have to answer questions about the accident itself and your injuries.

Some topics you may be asked to address include:

• Your background, including your employment history, daily routine, and education history
• The date, time, and location of the accident
• What you saw, heard, and experienced during the accident
• Statements made to police or medical providers
• The type and severity of your injuries
• Medical providers you’ve seen, and if you’ve adhered to treatment guidelines
• Pain levels and limitations
• Missed work or limitations in your work
• Impact on daily activities and home obligations
• Sleep, pain, and mental health struggles

How to prepare for a deposition

Proper preparation is essential for a deposition. Leading up to your deposition, you should review your medical records and other accident-related documentation in detail. You want to know what you’ve experienced, what you’ve said, and what comes next in your treatment.

You’ll also meet with your attorney to prepare for your deposition. They may help you understand some of the questions you’ll face, weak spots in your case that the other side may raise, and topics they may focus on.

Practice keeping a calm and respectful demeanor. It can be hard talking about what you’ve gone through, but panicking or getting defensive during a deposition never helps your case.

What your attorney will (and won’t) do

Your attorney will be with you during the deposition. They are allowed to object to irrelevant or improper questions, suggest breaks if they need one, and clarify questions that are unclear or vague. However, your attorney can’t answer questions for you or coach you through answers.

Special considerations for Los Angeles

Every court runs a little differently, and knowing what to expect in Los Angeles can help you feel calmer and less anxious. California has rules aimed at resolving cases as quickly as possible, so don’t be surprised if your deposition is scheduled earlier than you expected. The court is also likely to schedule a mandatory settlement conference 30 to 60 days prior to trial, where the court hopes that both parties will agree to a settlement and avoid trial.

When it comes to questioning, knowing how LA insurance defense attorneys often approach depositions can help you avoid being caught off guard. First, watch out for a friendly but fishing approach. They may start casually, making small talk and asking questions about your day. This is meant to disarm you and get you speaking freely, so you unintentionally reveal details that may harm your case. They are friendly, but fishing for information they can use.

LA attorneys are very good at uncovering inconsistencies in victims’ accounts. You may answer similar lines of questioning multiple times and wonder why you’re being asked to repeat yourself. They are looking for you to change your answers or reveal that your earlier answer was inaccurate. They may also ask about hobbies and vacation, hoping you’ll say something they can use to prove that you’re lying about your injuries. For example, if they ask you about outdoor activities like hiking, don’t say you never hike unless you have truly never hiked. Their next move could be pulling up a week-old post where you posted a photo and tagged yourself at Runyon Canyon, despite an injury that has allegedly kept you bed-bound.

You’ll likely also need to answer questions about your daily routine. The attorney wants to see how your pain actually affects your daily life and look for inconsistencies in your pain levels or capabilities throughout the day. This is another area where social media posts or private investigators’ findings may come into play.

Get the personal injury representation you deserve with McNicholas & McNicholas

When you choose McNicholas & McNicholas, you can feel confident that we’ll prepare you for every step of the personal injury claim process. We never want you to feel blindsided or uncertain about what’s coming next. Schedule your consultation now by calling us or reaching out online.