What Happens During and After a Deposition in a Personal Injury Case?

A deposition is an important part of the discovery phase of a personal injury case. Depositions help both sides gather evidence and prepare their case for negotiations or trial. While the specifics of your deposition will depend on the facts of your case, most depositions follow the same general process. Keep reading below to learn all the details about what happens during and after a deposition.

What Is a Deposition?

A deposition is testimony from a witness that is given under oath but out of court. Depositions are used to gather evidence and help each side prepare its case for trial. In personal injury cases, the questions at a deposition usually focus on the details of the accident, the victim’s injuries, and how those injuries have affected the victim.

What Happens During a Deposition?

Depositions are fairly informal and usually occur at a lawyer’s office or in a conference room. Knowing what to expect at your deposition can help you stay calm and prevent you from getting too nervous. Most depositions follow the same general process.

Introductions and Oath

Most depositions start with introductions of all the parties. The parties who may be present at your deposition include:

  • Your lawyer
  • The defendant’s lawyer
  • The defendant or their representative
  • Court reporter
  • Videographer

The court reporter will also administer an oath to you at the start of the deposition. Remember that your testimony at a deposition is done under oath, so you must be truthful in all the answers you provide.

Questioning

Most of the time at a deposition is spent on questioning. This is the time during which a lawyer will ask the witness questions. During a personal injury deposition, you are likely to get many questions about:

  • The circumstances surrounding your accident
  • The details of your injuries
  • Your work experience and educational background
  • How your injuries have affected your ability to work
  • How your quality of life has been affected after your accident
  • Your medical diagnosis and outlook

Be careful not to overshare information during your deposition. Answer the question truthfully, but do not share additional information that was not asked of you. It is also okay to say you are unsure or don’t know the answer, as long as that response is truthful.

If you need to take a break during questioning, simply inform your lawyer. Most depositions include five- or ten-minute breaks each hour, but you can always request a break if you need one. Try to avoid asking for a break too often, as you do not want to break the flow of the deposition unless necessary.

Objections

During questioning, lawyers can object to certain questions or answers that are provided. These objections can be based on relevance, form, privilege, or other valid reasons. If you are unsure of whether or not to answer a question, your lawyer will be there to help.

What Happens After a Deposition?

After a deposition, your lawyer (as well as the defendant’s lawyer) will thoroughly review the transcript. In most cases, settlement negotiations will begin after both sides have had a chance to review the transcript. Once both sides understand the evidence available in the case, they will be able to put a more accurate value on the claim.

If a settlement cannot be reached, the deposition can also help your lawyer prepare for trial. Deposition testimony can be used at trial in certain situations. If you or another witness testifies at trial, your deposition testimony can be used to contradict your story. This is why it is so important to tell the truth during all testimony.

Preparing for Your Deposition

It is important to have an experienced personal injury lawyer on your side who can help you prepare for your deposition. While your lawyer cannot tell you how to answer the questions, they can help you understand the types of questions that are likely to be asked. 

Your lawyer may even conduct a mock deposition with you to help you be as prepared as possible. Just remember to stay calm, answer the questions honestly, and do not provide additional information beyond what is asked of you.

Contact Mayfield Law, LLC for a Free Consultation With a Nahunta Personal Injury Lawyer

If you are preparing for a deposition or have questions about your personal injury case, contact Mayfield Law, LLC today to schedule a free consultation with a Nahunta personal injury lawyer. We can walk you through what to expect and help you protect your rights at every step.

We proudly serve clients in Brunswick, GA, Nahunta, GA, as well as Glynn County and Brantley County. We’re here to offer trusted, compassionate legal guidance. Let us help you navigate the legal process and secure the compensation you deserve.

Mayfield Law, LLC Brunswick
1611 Union St
Brunswick, GA 31520

(912) 457-8557

Mayfield Law, LLC Nahunta
13903 E Cleveland St
Nahunta, GA 31553

(912) 733-4651