What to Expect During a Personal Injury Deposition

If you have filed a personal injury lawsuit after a California car accident, you may eventually be required to participate in a deposition. For many injured people, the word “deposition” can sound intimidating, particularly when they have never been involved in a lawsuit before. In reality, a deposition is a structured part of the discovery process that allows the opposing side to ask questions about the accident, your injuries, your medical treatment, and other issues relevant to your claim.

A deposition is not a trial, and the opposing attorney is not a judge. However, the testimony you provide is given under oath and can become important evidence in your case. Preparation is therefore essential. At Kalfayan Merjanian, LLP, our California personal injury trial attorneys help injury victims understand what to expect during depositions and prepare to answer questions accurately and confidently.

What Is a Personal Injury Deposition?

A deposition is a formal question-and-answer session conducted under oath before trial. The attorneys involved in the case attend and ask the person being deposed questions. A court reporter generally records the questions and answers and prepares a written transcript.

In a California personal injury case, the defendant’s attorney will typically take the plaintiff’s deposition. Your attorney will be present throughout the proceeding and can make appropriate objections, protect privileged information, and address improper questioning.

Depositions are part of the discovery process. Their purpose is to allow the parties to learn more about the evidence and testimony that may be presented as the case moves toward settlement or trial.

Where Does a Deposition Take Place?

A deposition is usually conducted in a law office, conference room, or another agreed-upon location. Depending on the circumstances, it may also be conducted remotely by videoconference. The setting is generally much less formal than a courtroom. There may be several people present, including the attorneys, the person being deposed, a court reporter, and potentially other parties or representatives. Although the environment may feel conversational, it is important to remember that your answers are being given under oath.

What Happens When the Deposition Begins?

The court reporter will generally place you under oath before questioning begins. The opposing attorney will then explain the basic ground rules and begin asking questions. You may be asked to confirm basic information such as your name, address, employment history, and educational background. The questioning will then typically move to the accident and your injuries. In a car accident case, for example, questions may cover:

• How the accident happened
• Where you were traveling
• Traffic and weather conditions
• What you saw before the collision
• Statements made by other drivers or witnesses
• Your injuries
• Medical treatment
• Prior injuries or medical conditions
• Prior injuries or medical conditions
• Your physical limitations
• How the injury has affected your daily life

The exact questions depend on the circumstances of the case.

Will I Have to Answer Questions About the Accident?

The opposing attorney will generally want your account of how the accident occurred. You may be asked where you were driving, how fast you were traveling, what traffic signals were present, whether you saw the other vehicle, and what happened immediately before and after the collision. The attorney may also ask about information contained in the police report, medical records, photographs, witness statements, or other evidence.

You should answer honestly and accurately. If you do not remember something, it is appropriate to say that you do not remember rather than attempting to reconstruct an answer.

Will I Be Asked About My Injuries and Medical Treatment?

Your injuries are central to a personal injury claim, so the opposing attorney will likely ask about your symptoms, diagnoses, treatment, medications, surgeries, physical therapy, and current condition. You may also be asked whether you followed your doctors’ recommendations and whether you have experienced any gaps in treatment.

The defense may compare your deposition testimony with your medical records. This is one reason it is important to review your medical history with your attorney before the deposition and make sure you understand the treatment you have received.

Can the Defense Ask About Prior Accidents or Injuries?

Questions about prior injuries or medical conditions may be relevant, particularly when the defense contends that your current symptoms were caused by something other than the accident. For example, if you claim that a car accident caused chronic neck pain, the defense may ask whether you experienced neck pain or received treatment for a neck injury before the collision.

A prior injury does not necessarily defeat a personal injury claim. A new accident may aggravate a preexisting condition or cause an entirely new injury. The important issue is accurately explaining your medical history and what changed after the accident.

What If I Do Not Remember the Answer?

You are not expected to remember every detail of an accident that occurred months or years earlier. Guessing can create problems if your answer later conflicts with photographs, records, or other evidence. Appropriate answers may include “I don’t remember” or “I don’t know,” when those answers are truthful. However, you should not use a lack of memory as an excuse to avoid answering a question you actually can answer. Your attorney can help you understand the difference during deposition preparation.

How Detailed Should My Answers Be?

Generally, you should answer the question that was asked and avoid volunteering unnecessary information. For example, if the attorney asks, “What time did you leave work?” you do not need to provide a lengthy explanation of everything you did that afternoon.

This does not mean you should hide information or give incomplete answers. It means you should listen carefully, understand the question, and provide a truthful response that addresses it. If a question is unclear, you can ask the attorney to clarify it.

Will the Defense Attorney Try to Trick Me?

Deposition questioning can sometimes be challenging. An attorney may ask the same question in different ways, point out apparent inconsistencies, or present documents and ask you to explain them. The purpose may be to test the consistency and credibility of your testimony.

You should not become argumentative or assume that you need to “win” the conversation. Listen carefully, pause before answering, and provide truthful answers based on what you actually know. Your attorney will be present to protect your interests throughout the deposition.

What Objections Can My Attorney Make?

Your attorney may object to questions when appropriate. Some objections concern the form of the question, while others may involve privilege or other legal issues. In many circumstances, an objection does not mean that you should refuse to answer. Your attorney may make the objection and then allow you to answer the question.

There are circumstances in which counsel may instruct a witness not to answer, such as when a question seeks privileged information or presents another appropriate legal issue. Your attorney will advise you if that situation arises.

Can My Deposition Be Used at Trial?

Because deposition testimony is given under oath, statements made during the deposition can become important later in the litigation. Depending on the circumstances and applicable evidentiary rules, deposition testimony may be used for purposes including challenging inconsistent testimony. This is why it is important to treat a deposition seriously even though it does not take place in a courtroom.

How Long Does a Personal Injury Deposition Take?

Some depositions are relatively brief, while others can take several hours. The duration depends on the complexity of the accident, the number and severity of injuries, the amount of medical treatment, and the issues being disputed. California’s Civil Discovery Act contains rules governing depositions, including limits on deposition duration in many cases. Your attorney can explain how those rules apply to your particular lawsuit.

How Should I Prepare for My Deposition?

Your attorney should prepare you beforehand. Preparation commonly involves reviewing the accident, medical treatment, employment history, relevant documents, and the allegations in the lawsuit. Your attorney may conduct a practice session involving questions similar to those you can expect from the defense.

You should also make sure you understand basic deposition practices. Listen to the entire question, take a moment before answering, speak clearly enough for the court reporter to record your response, and never guess at an answer.

Most importantly, tell the truth. Trying to provide an answer that sounds better for your case can create significantly greater problems than simply acknowledging an unfavorable fact.

What Should I Wear to a Deposition?

Although a deposition does not occur in a courtroom, it is still a formal legal proceeding. Your attorney can advise you about appropriate clothing, but professional and conservative attire is generally appropriate. You should also arrive on time and bring anything your attorney has specifically asked you to bring.

Is There Anything I Should Avoid Saying During a Deposition?

The most important rule is not to speculate. Avoid guessing about speeds, distances, times, medical diagnoses, or other details you do not actually know. Do not exaggerate your symptoms, but do not minimize them either. Your testimony should accurately describe your experience.

You should also avoid arguing with opposing counsel. If you believe a question contains a false assumption, listen to your attorney’s guidance and answer truthfully rather than becoming confrontational.

How Can a Deposition Affect Settlement Negotiations?

The defense may use your deposition testimony to evaluate the strengths and weaknesses of your case. A clear and credible account of the accident and its consequences can help establish your position, while unexplained inconsistencies may give the defense arguments to use during settlement negotiations. This is another reason why careful preparation matters even if you hope the case will settle before trial.

Contact Kalfayan Merjanian, LLP

A personal injury deposition is an important stage in a California car accident lawsuit, but knowing what to expect can make the process much easier to navigate. Your testimony can affect how the defense evaluates your case, making preparation, accuracy, and consistency essential. Kalfayan Merjanian, LLP represents people injured in serious California car accidents and helps clients prepare for each stage of personal injury litigation, including depositions. Contact Kalfayan Merjanian, LLP today to discuss your case and learn how we can help protect your rights.