A deposition is a formal legal proceeding in which you provide sworn testimony outside the courtroom as part of the discovery process. During this question-and-answer session, the opposing attorney will ask you about the facts of your case while a court reporter records everything you say. This testimony can later be used during settlement negotiations or at trial.
If you’re involved in a personal injury case, continue reading to learn what to expect during a deposition.
Do I Have to Attend a Deposition?
Yes, if you receive a deposition notice or subpoena, you are legally required to attend. Texas Rules of Civil Procedure govern the deposition process and make attendance mandatory for parties involved in litigation.
Failing to appear at a scheduled deposition can result in serious consequences, including:
- Contempt of court charges
- Financial sanctions imposed by the judge
- Dismissal of your personal injury case
- Adverse inferences drawn against you at trial
If you have legitimate concerns about the deposition scheduling or location, your attorney can file motions to address these issues. Even if you are not a party to the lawsuit but have relevant information, you can still be subpoenaed to give deposition testimony.
Who Will Be Present at the Deposition?
Several people will typically be present during your deposition.
The key individuals present at your deposition will include:
- The opposing attorney who will conduct most of the questioning
- Your personal injury attorney, who protects your interests throughout the process
- A court reporter who creates an official transcript of all testimony
- Sometimes, a videographer is present if the deposition is being recorded
- Occasionally, insurance representatives or expert witnesses may attend
Your personal injury attorney will be present throughout the deposition. While they cannot answer questions for you, they can object to improper questions and provide guidance when needed.
What Types of Questions Will I Have to Answer at a Deposition?
Federal Rules of Civil Procedure and Texas state rules allow broad questioning during the discovery process, so you should be prepared for detailed inquiries about many aspects of your life and case.
Personal Background Information
The deposition will likely begin with questions about your background. These questions help establish who you are and provide context for your testimony.
Common personal background questions include:
- Your education level and any specialized training
- Current and past employment history and job responsibilities
- Salary information and benefits received
- Marital status and information about children
- Living situation and household members
- Hobbies and recreational activities before the accident
While these questions may seem intrusive, they are generally allowed if they relate to your damages claim.
The Specific Injuries You Suffered
A significant portion of the deposition will focus on the injuries you sustained in the accident. Be prepared to describe your injuries, symptoms, and medical treatment in detail.
Topics you can expect to discuss include:
- Detailed description of how the accident occurred
- Your specific injuries and symptoms experienced
- All medical treatment received since the accident
- Medications prescribed and their effectiveness
- Physical therapy and rehabilitation efforts
- Any pre-existing medical conditions or previous injuries
- Statements made to police, insurance companies, or medical providers
Questions about your medical treatment will be extensive. The attorney may also inquire about any pre-existing medical conditions that could affect your current injuries.
Your Life After the Injury
The deposition will explore how your injuries have affected your daily life and activities. These questions help establish the extent of your damages and how the accident has impacted your quality of life.
You will likely be questioned about:
- Activities you can no longer perform due to your injuries
- Modifications made to your home or workplace
- Assistance needed with daily tasks and personal care
- Changes in your pain levels and sleep patterns
- Emotional and psychological effects of the accident
- Impact on your relationships with family and friends
- Future plans and whether you expect to return to work
Questions about your future plans and goals are common. These questions help evaluate future damages claims and the long-term impact of your injuries.
How Can a Personal Injury Lawyer Help Me During a Deposition?
Having an experienced personal injury attorney represent you during a deposition is crucial for protecting your rights and interests. Our legal team provides comprehensive support before, during, and after your deposition to ensure the best possible outcome for your case.
Help You Prepare for the Deposition
Thorough preparation is essential for a successful deposition. Our attorneys will meet with you well before the scheduled date to review your case details and prepare you for the types of questions you can expect.
Our comprehensive preparation process includes:
- Reviewing all relevant documents, including medical records and police reports
- Conducting practice sessions with potential deposition questions
- Explaining proper testimony techniques
- Discussing how to answer questions effectively and truthfully
- Preparing you for what to do if you don’t understand a question
- Teaching you when and how to request breaks during testimony
We will explain the deposition process and what to expect on the day of your testimony. This preparation helps ensure you feel confident and ready to provide clear, accurate answers.
Negotiate a Settlement
Depositions often provide valuable information that can lead to settlement discussions. After your deposition, the opposing side may have a better understanding of the strength of your case and your credibility as a witness.
Our legal team uses deposition testimony strategically during settlement negotiations. If your deposition testimony is compelling and demonstrates the extent of your injuries and damages, it may encourage the other side to offer a fair settlement.
We analyze all deposition testimony in your case, including depositions of defendants and witnesses, to identify strengths and weaknesses in both sides’ positions. This information helps us develop effective negotiation strategies and advise you about settlement offers.
Contact the Friendswood Personal Injury Lawyers at The Law Firm of Alton C. Todd Personal Injury Lawyers for Help Today
If you are facing a deposition in your personal injury case, do not navigate this process alone. The Law Firm of Alton C. Todd Personal Injury Lawyers has the experience and knowledge needed to protect your rights and help you achieve the best possible outcome.
Contact our Friendswood office today at (281) 992-8633 to schedule a consultation about your personal injury case and upcoming deposition.
