A deposition is sworn, out-of-court testimony given under oath. It is one of the most important events in a personal injury lawsuit — and one of the most misunderstood. The deposition is not a trial. There is no judge, no jury, and no courtroom. It takes place in a conference room, usually at the defense attorney’s office. But the testimony you give is recorded by a court reporter, can be used at trial, and can make or break your case.
What happens during a deposition
The defense attorney asks you questions about the accident, your injuries, your medical treatment, your daily activities, your work history, and your prior medical history. Your attorney is present but generally does not ask you questions during the deposition — the purpose is for the defense to learn about your case. A court reporter transcribes everything. The transcript becomes part of the case record.
Depositions typically last between one and four hours, depending on the complexity of the case. The defense attorney may ask questions that seem irrelevant or repetitive. Answer every question truthfully. If a question is improper, your attorney will object on the record, but in most cases you will still be directed to answer.
Why the deposition matters
The deposition serves two purposes for the defense: it locks you into a version of events that you must be consistent with at trial, and it evaluates how you will present as a witness to a jury. If you say one thing at the deposition and something different at trial, the defense will use the inconsistency to attack your credibility. If you appear evasive, hostile, or untruthful at the deposition, the defense will factor that into its settlement evaluation.
Your deposition testimony also establishes the factual record on key issues: how the accident happened, what symptoms you experienced, what treatment you received, what limitations you have, and how the injury has affected your daily life. The defense uses this testimony to evaluate the strengths and weaknesses of your case and to determine its settlement value.
How to prepare for your deposition
Tell the truth. This is the only rule that matters. Every other piece of advice flows from it. Do not exaggerate your injuries. Do not minimize them. Do not guess. If you do not remember something, say so. If you do not understand a question, say so. Answer the question that was asked — not the question you think was intended. Do not volunteer information beyond what the question requires.
Review the key documents before the deposition: the accident report, your medical records, any written statements you have made about the accident. Know the timeline of your treatment. Know your current symptoms and limitations. Be prepared to describe how the injury has affected your daily life in specific terms — not “my back hurts” but “I cannot sit for more than 20 minutes without pain in my lower left back that radiates down my left leg.”
What to wear and how to present yourself
Dress as you would for a professional meeting. Business casual is appropriate — collared shirt or blouse, dress pants or a skirt, clean and neat appearance. You do not need a suit, but you should not wear jeans, sneakers, or anything overly casual. The defense attorney and the insurance carrier’s representative are evaluating how you will present to a jury. Your appearance should suggest that you take the proceeding seriously.
Arrive on time. Bring nothing with you unless your attorney tells you otherwise. Leave your phone in the car or turn it off. Maintain a calm, respectful demeanor throughout. Do not argue with the defense attorney, even if the questions feel adversarial. The court reporter is recording everything, and the transcript will reflect your tone as much as your words.
How Schwartzapfel Holbrook prepares clients for depositions
At Schwartzapfel Holbrook, we conduct thorough deposition preparation with every client before they testify. That preparation includes reviewing the key documents and medical records, practicing with the types of questions the defense attorney is likely to ask, advising on how to handle difficult or confusing questions, and ensuring the client understands that the deposition is the single most important opportunity to present their case consistently and credibly.
Schwartzapfel Holbrook / Fighting For You