How To Prepare for a Deposition After an Accident

If you’ve been involved in an accident and are pursuing a legal claim against the at-fault party, you may be asked to give a deposition. A deposition is a formal, recorded statement taken under oath as part of the discovery process in a legal case.

Attorneys for both sides will use the information provided to build their arguments, making the deposition a critical component of your case.

Being well-prepared for your deposition is essential, as what you say can influence the outcome of your claim. Learn more about the deposition process and how experienced Appleton car accident lawyers can help you prepare and present the strongest case possible.

What To Expect During Your Deposition

A deposition typically takes place in a law office, and while it is not a courtroom, you are still under oath. A court reporter will transcribe the session, and your testimony may be used later in court.

Here’s what happens at a typical deposition:

• The attorneys will introduce themselves and explain the purpose of the deposition.
• You’ll be asked to swear in to affirm that you will tell the truth.
• You’ll be questioned by the opposing counsel concerning details about the accident, your injuries, and their impact on your life.
• The opposing counsel may follow up on statements you made and ask for clarification, and your attorney may step in to ensure their questions are fair.

Knowing what to expect during the deposition will help you stay calm and composed.

Steps To Get Ready for Your Deposition

A deposition can be intimidating, but taking the proper steps will help you stay focused and self-assured. Here’s how to prepare:

Review the Facts of the Accident

One of the most critical steps in preparing for a deposition is reviewing the details of your accident. Take time to go over the following:

• The date, time, and location of the accident.
• Weather and road conditions at the time of the incident.
• Who was involved, including other drivers, pedestrians, or witnesses.
• What happened before, during, and after the accident to the best of your recollection.
• Statements you previously made to the police, insurance companies, or medical providers.

Maintaining consistency with your previous statements bolsters your credibility and helps avoid contradictions that could undermine your case.

Understand Your Injuries and Medical Treatment

During the deposition, you will likely be asked about your medical history and how the accident affected your health. Expect questions about the following:

• Specific injuries you sustained and their impact on your quality of life.
• Required medical treatments, including doctor visits, physical therapy, and surgeries.
• Any medications you are taking and their effects.
• Changes to daily activities due to physical limitations.
• Pre-existing conditions, if any, and how the accident worsened them.

Avoid exaggerating or downplaying your injuries. Be honest and specific to keep your testimony accurate and impactful.

Revisit Any Previous Statements

If you’ve given statements to police, insurance adjusters, or medical professionals, review them beforehand to keep your answers consistent and avoid contradictions the opposing attorney might use against you.

For instance, if you told an insurance adjuster, “I didn’t feel pain until the next morning,” but later say, “My back hurt immediately after the crash,” it could raise doubts about your testimony.

Your attorney can provide copies of relevant documents so you can go over them in advance.

Rehearse Common Deposition Questions

You can’t anticipate every question, but reviewing common ones can help you feel more prepared. Questions you’ll likely be asked during the deposition include:

• Can you describe the accident in your own words?
• What were you doing just before the accident?
• How has the accident impacted your daily life?
• Have you missed work or lost income due to your injuries?
• Have you spoken to anyone about the case?

Practicing with a qualified attorney can help you provide truthful, concise responses while avoiding unnecessary details that could affect the outcome of your case.

Clarify Legal Terms and Procedures

Legal terms and deposition procedures can be confusing, but your attorney will help you understand them. Ask about any legal terms you’re unfamiliar with and how to respond if you are unsure or nervous about how to answer a question: 

• What to do if you don’t remember something. It’s okay to say, “I don’t recall,” rather than guessing.
• How to handle objections from your attorney. Pause and let your attorney intervene if needed.
• Whether specific topics are off-limits. Attorney-client conversations, settlement discussions, and irrelevant personal matters may not be within the scope of your deposition.
• The significance of certain legal phrases you may hear. Terms like “speculation” or “hearsay” can impact how you respond. You cannot guess about unknown details or repeat secondhand information under court guidelines.

Knowing the rules helps you answer to the best of your ability while protecting your rights. Stick to the facts, answer honestly, and keep your responses brief and to the point.

Build a Strong Deposition With Help from Brian Hodgkiss Injury Lawyers

A deposition can feel overwhelming, but preparation helps you stay focused and answer questions confidently. At Brian Hodgkiss Injury Lawyers, we can help you by reviewing key details, explaining the process, and making sure you know what to expect.

Our Appleton car accident lawyers will explain everything so you feel supported and ready to testify.

If you’ve been injured in an auto collision, contact us today for a free consultation. Let’s talk about your case and your next steps.