Semi-Truck Accident 101: What Every Passenger Car Driver Should Understand

Never Fear: What To Know About Your Personal Injury Deposition

18 June 2018 by Kenneth Graham

Being victimized by a careless driver on the road is no picnic, especially when you end up getting hurt. You should expect to be paid for your injuries and your other damages, but you may have to file a lawsuit against the other driver and their insurance company to get what you truly deserve. Part of the process is a personal injury deposition. So that you know that you have nothing to fear, read on to get a preview of what you will be facing ahead of time.

What is a deposition?

You might want to consider this meeting an opportunity to practice before the real thing happens. Just like the upcoming trial, involved parties are questioned under oath by the attorneys for both sides, and any testimony gathered at the deposition might be used at the trial.

The purpose of this question and answer session is to provide both sides with information about the case so that they can be better prepared for trial. What you see in a courtroom on television is probably just a repeat of what went on at the deposition, with the advantage of each side being able to prepare more appropriate questions knowing what the answers might be. 

Getting ready to be deposed

Your attorney may hold a few practice sessions with some sample questions to help you get ready, and they will be by your side the entire duration of the questioning. It is a bit less intimidating than the actual trial since there is no judge in the room and no audience or jury either. It's just you, the lawyers, and the court reporter in the conference room during the time you are giving your deposition.

Since several months have probably gone by following the day of your accident, you will need to refresh your memory about the accident, your medical treatment, and your recovery. Review your notes, reports, photographs, and anything you have kept so that you can give accurate and convincing testimony at the deposition.

During the deposition

While you will be supported and represented by your lawyer, it might be helpful to keep the following tips in mind:

1. Take your time when answering a question, and if you do not know the answer or you cannot remember be sure to say so. This is no time to speculate or guess about the facts of the case.

2. Answer only what is being asked, no more or no less. Avoid rambling just to say something, which can happen when you are nervous.

3. Pause before speaking to allow your lawyer time to make an objection. While there is no judge present to rule on a question, it will still go on the record as an objection.

Speak to your whiplash injury attorney to learn more about your part in the deposition.

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