Personal injury depositions can feel intimidating when you don’t know what to expect, but understanding the process helps you prepare effectively and protect your interests. A deposition is a formal question-and-answer session conducted under oath where attorneys gather testimony from witnesses, including you as the plaintiff, to build their case or prepare for trial.
At Byrd Davis Alden & Henrichson, LLP, we guide our clients through every aspect of the litigation process, including depositions. With over 65 years of experience handling personal injury cases throughout Texas, our skilled attorneys prepare clients thoroughly for depositions, ensuring they understand their rights and feel confident during this crucial phase of their case.
Understanding the Purpose of Personal Injury Depositions
Personal injury depositions serve multiple important functions in the legal process. The opposing attorney uses depositions to gather information about your case, assess your credibility as a witness, and understand the full extent of your injuries and damages. They want to hear your version of events, learn about your medical treatment, and explore how the injury has affected your daily life and ability to work.
Depositions also allow your attorney to preserve your testimony for potential use at trial. If your case goes to court, portions of your deposition may be read to the jury, especially if your testimony changes or if you’re unable to testify in person. The deposition creates a permanent record of your statements, which is why accuracy and consistency are crucial.
For example, if you’re involved in a truck accident case, the opposing attorney may ask detailed questions about your activities before the accident, your medical history, and how your injuries have impacted your ability to perform job duties.
What to Expect During the Deposition Process
The deposition typically takes place in a conference room at an attorney’s office, with a court reporter present to transcribe everything said during the session. You’ll be sworn in just as you would be in court, and your answers carry the same legal weight as courtroom testimony. The opposing attorney will ask questions while your attorney is present to protect your interests and object when necessary.
Most personal injury depositions last between two and four hours, though complex cases may require longer sessions. The questioning often begins with basic background information about your education, work history, and family situation before moving to specific details about the accident and your injuries. The opposing attorney may ask about your medical treatment, pain levels, limitations on daily activities, and financial losses.
During the deposition, you should listen carefully to each question, take time to think before answering, and respond only to what’s actually being asked. If you don’t understand a question, ask for clarification. If you don’t know the answer to something, it’s perfectly acceptable to say “I don’t know” rather than guess. Remember that everything you say is being recorded, so honesty and accuracy are essential.
Preparing for Your Personal Injury Deposition
Proper preparation is key to a successful deposition. Your attorney will meet with you beforehand to review your case, discuss likely questions, and explain the ground rules. We’ll review your medical records, accident reports, and any other relevant documents to ensure you’re familiar with the details of your case.
It’s important to refresh your memory about the accident itself, including the time, date, weather conditions, and sequence of events. Review your medical treatment history, including all healthcare providers you’ve seen and treatments you’ve received. Think about how your injuries have affected your work, hobbies, and relationships, as these topics commonly arise during depositions.
Your attorney will also coach you on deposition etiquette and strategy. This includes speaking clearly, avoiding argumentative responses, and staying calm even if the opposing attorney becomes aggressive or asks repetitive questions. We’ll discuss how to handle questions about sensitive topics and when it’s appropriate to pause and consult with your attorney before answering.
Common Deposition Questions and Strategies
The opposing attorney will likely ask several categories of questions during your deposition. They’ll start with background questions about your personal history, education, and employment. Then they’ll move to questions about the accident itself, including what you were doing immediately before and after the incident occurred.
Medical questions form a significant portion of most personal injury depositions. You can expect detailed inquiries about your injuries, symptoms, medical treatment, and how your condition has progressed over time. The attorney may ask about your pain levels, medications, physical therapy, and any limitations on your daily activities. They might also explore your medical history to identify any pre-existing conditions that could affect your case.
Economic damage questions focus on how your injuries have affected your ability to work and earn money. The opposing attorney will ask about lost wages, missed opportunities, and changes in your earning capacity. They may also inquire about your financial situation and any benefits you’ve received related to your injury.
The key to handling these questions effectively is to be honest, concise, and stick to the facts. Avoid volunteering information beyond what’s asked, and don’t speculate about things you don’t know for certain. If a question calls for a legal conclusion or asks for your opinion about fault, your attorney will likely object. Understanding how pain and suffering is calculated can help you provide accurate information about your damages.
Contact Byrd Davis Alden & Henrichson, LLP for Deposition Guidance
Depositions are a critical component of personal injury litigation that require careful preparation and skilled legal guidance. At Byrd Davis Alden & Henrichson, LLP, we have been successfully representing personal injury clients in Texas for over six decades. Our experienced trial attorneys understand the deposition process inside and out, and we prepare our clients thoroughly to ensure they present their case effectively.
As Austin’s oldest personal injury law firm, we have the knowledge and courtroom experience to protect your interests throughout every phase of your case. Our firm has achieved a 98% success rate and recovered over $100 million for clients by combining meticulous preparation with aggressive advocacy. Contact our dedicated legal team to discuss your case and learn how we can help you navigate the deposition process and pursue the compensation you deserve for your injuries.
