What to Expect During a Deposition: A Guide for Personal Injury Plaintiffs

For many pursuing a personal injury claim, the word “deposition” can sound intimidating. If your case proceeds to the litigation phase, this step is almost unavoidable. So, what is it? A deposition is a formal question-and-answer session where you provide sworn testimony outside of a courtroom. The other side’s attorney will ask you about the accident and your injuries, and your answers are recorded.

The idea of facing personal injury deposition questions can be nerve-wracking, but it doesn’t have to be. At Kohan & Bablove Injury Attorneys, a core part of our job is preparing for a deposition with you.

This guide will demystify the process, explaining what to expect during a deposition so you can enter the room with confidence, prepared to share your story clearly and truthfully.

Introduction: What is a Deposition and What is its Purpose?

A deposition is a key part of the “discovery” phase of a lawsuit. It is a formal, out-of-court proceeding where you, the plaintiff (also called the deponent), answer questions asked by the opposing party’s attorney. This deposition testimony is given under oath, which means it has the same legal weight as testimony given in a courtroom.

A court reporter will be present to record everything that is said, creating an official written transcript.

The primary purpose of a deposition is for the opposing counsel to gather information. They want to know what you will say at trial. It gives them a chance to understand the facts of the case from your perspective, evaluate your credibility as a witness, and “lock in” your story.

They will ask a wide range of personal injury deposition questions about the accident, your injuries, and how your life has been affected. While it is a formal legal proceeding, it is also a standard step in nearly every personal injury case that enters litigation.

A crucial part of preparing for a deposition with your personal injury lawyer is understanding that its main function is information gathering for the other side—it is not a time to argue your case.

The Key Players in the Room

When you walk into the room for your deposition, you will see a few key people at the conference table. Understanding who they are and what their roles are is the first step in knowing what to expect during a deposition.

It helps demystify the process and makes it feel less like an interrogation and more like the structured legal proceeding it is.

You (The Deponent)

As the person bringing the lawsuit, you are the deponent. Your role is simple but crucial: to answer the questions asked of you truthfully and accurately.

You are the star witness of your own case, and your testimony is the central focus of the day.

Your Attorney

Your personal injury lawyer from Kohan & Bablove will be sitting right beside you. Their role is to protect you.

They will ensure the opposing attorney’s questions are fair and appropriate. If a question is improper, your lawyer will object. They cannot answer questions for you, but their presence ensures the rules are followed and you are not taken advantage of.

The Opposing Counsel

This is the attorney representing the defendant (the person or company you are suing). Their job is to ask you questions to discover the facts and assess the strengths and weaknesses of your case.

They will be professional, but it’s important to remember they represent the other side’s interests, not yours.

The Court Reporter

The court reporter is a neutral party responsible for creating an official, word-for-word record of your sworn testimony.

They will administer the oath at the beginning and record every question, answer, and objection. Because they are typing everything that is said, it is vital to speak clearly and avoid speaking over others.

The Rules of a Deposition

A deposition has its own set of rules and best practices. Following them is essential for giving clear, effective testimony and protecting your case.

Your attorney will spend significant time preparing for a deposition with you, and a large part of that preparation will focus on these fundamental principles. Mastering them is key to successfully navigating the process.

You Are Under Oath

The first thing that will happen is the court reporter will ask you to raise your right hand and swear to tell the truth. This oath is legally binding.

Your deposition testimony has the same force as if you were in a courtroom testifying before a judge and jury. The single most important rule is to be truthful. Never guess, speculate, or make up an answer.

If you don’t know the answer, “I don’t know” is a perfectly acceptable and complete response.

Answering a Question vs. Volunteering Information

This is perhaps the most critical rule to remember. Listen carefully to the question asked, and answer only that question.

Do not volunteer extra information, offer explanations, or try to “help” the opposing attorney understand something. If they ask a “yes” or “no” question, answer with “yes” or “no” if you can.

Providing extra details can open up new, unwanted lines of questioning and potentially harm your case.

The Importance of Pausing Before You Answer

Before answering any question, take a moment to pause. This brief pause accomplishes two vital things.

First, it gives you time to make sure you fully understand the question being asked. Second, and just as importantly, it gives your attorney a chance to object if the question is improper (for example, if it is confusing or asks for privileged information).

Once you start answering, it’s too late for your lawyer to object. This simple habit of pausing is a powerful tool.

Common Questions You Will Be Asked

While no two depositions are identical, the personal injury deposition questions you’ll face will generally fall into four main categories.

Knowing what to expect during a deposition helps reduce anxiety and allows you to focus on providing truthful, accurate answers. Your attorney will review these areas with you in detail as you are preparing for a deposition.

Your Background

The opposing attorney will start with simple, straightforward questions to get basic information and help you get comfortable with the process.

They will ask for your full name, date of birth, address, educational background, and employment history. This part is usually low-stress and serves to establish a baseline.

The Details of the Accident

This is the core of the deposition. You will be asked to describe, in your own words, exactly how the accident happened.

Expect questions about the date, time, and location; what you were doing right before the incident; what you saw, heard, and felt; and any conversations you had with other parties or witnesses at the scene.

They will want a step-by-step account of the event.

Your Injuries, Treatment, and Recovery

The attorney will spend significant time asking about your injuries. You will be asked to describe every injury you sustained, from head to toe.

They will ask about your medical history before the accident to see if there are any pre-existing conditions. You will also be asked to list every doctor, physical therapist, and hospital you have visited since the accident, as well as describe the treatments you received and your current level of pain.

How the Injuries Have Impacted Your Life

This category of questions focuses on your “damages.” The attorney will ask how your injuries have affected your daily life.

This includes your ability to work, perform household chores, engage in hobbies, and participate in social or family activities. This is where your sworn testimony helps establish the basis for your pain and suffering claim.

How Kohan & Bablove Prepares You to Succeed in Your Deposition

At Kohan & Bablove Injury Attorneys, we understand that a deposition can be the most intimidating part of your claim. That’s why we never let our clients face it unprepared.

A crucial part of our role as your personal injury lawyer is preparing for a deposition with you in detailed, one-on-one sessions. We will walk you through the entire process, explaining exactly what to expect, from the room’s layout to the types of questions you will face.

We will review the facts of your case, practice answering common personal injury deposition questions, and drill the most important rules, like pausing before answering.

Our goal is to demystify the experience so you can walk in feeling confident and protected, ready to provide clear, truthful, and effective deposition testimony that strengthens—rather than harms—your case.

Frequently Asked Questions About Depositions

Facing a deposition can be a source of anxiety for many plaintiffs. To help ease your concerns, we have answered five of the most common questions our clients ask about the process.

This information is a starting point for the detailed preparation your personal injury lawyer will provide.

1. Is a deposition always necessary for a personal injury claim?

No, not all claims require a deposition. A deposition only happens if a lawsuit has been filed and the case enters the “discovery” phase of litigation.

Many cases are settled with the insurance company before a lawsuit is ever filed. However, if your case does proceed to litigation, a deposition is a standard and almost certain step.

2. How long will my deposition take?

There is no fixed time, as it depends on the complexity of your case. For a relatively straightforward car accident, a deposition might last two to four hours.

For more complex cases involving severe injuries or multiple parties, it could take a full day or even longer, spread across multiple sessions. Your attorney will be by your side for the entire duration.

3. What should I do if I don’t remember the answer to a question?

It is perfectly acceptable and correct to say, “I don’t remember” or “I don’t know.” This is a complete and truthful answer.

You are under oath to tell the truth, and the truth may be that you do not recall a specific detail. Never guess, estimate, or make something up. A simple “I don’t remember” is far better for your case than an inaccurate answer.

4. What happens if I realize I made a mistake in my testimony?

It is human to make mistakes. If you realize you said something incorrect, tell your lawyer immediately—even during a break.

Your attorney can put a correction on the record. You will also have a chance to review the written transcript of your deposition testimony for accuracy and make any necessary corrections in writing before you sign it.

5. What happens to my deposition testimony after it’s over?

After the deposition, the court reporter will create a formal written transcript. This sworn testimony becomes a permanent part of your case record.

The opposing attorney will use it to evaluate your claim for settlement purposes. If your case proceeds to trial, either side may use your deposition transcript to ask you questions and to ensure your testimony remains consistent.