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A deposition is one of the most critical moments in a personal injury case—and also one of the most misunderstood. If you’ve filed a personal injury lawsuit in Texas, chances are you’ll need to give a deposition at some point during the legal process. While it might seem intimidating, understanding what to expect and how to prepare can help ease anxiety and strengthen your case.
Scott Scherr at The Payne Law Group has guided many clients through this process in Bryan, College Station, and throughout the Brazos Valley. Below, we break down the deposition step by step so you know exactly how it fits into your case and how to handle it with confidence.
What Is a Deposition?
A deposition is a formal interview conducted under oath during the discovery phase of a personal injury lawsuit. It’s an opportunity for attorneys—typically from the defense side—to ask questions and gather facts from the injured party, witnesses, or other relevant individuals.
While it doesn’t occur in a courtroom, a deposition is still legally binding. Your answers can be used as evidence during negotiations or a trial, so it’s critical to be truthful, composed, and prepared.
The Deposition Process Step by Step
Notice of Deposition
You’ll receive a formal notice stating when and where the deposition will take place. Typically, it’s held at a law office or conference room and attended by:
- You (the deponent)
- Your attorney
- The opposing attorney (usually representing the insurance company)
- A court reporter
- Sometimes, a videographer
Oath and Ground Rules
Before questioning begins, the court reporter will place you under oath, requiring you to swear to tell the truth. The opposing attorney will then go over basic rules, such as waiting for questions to be fully asked before answering and speaking clearly for the transcript.
Questioning
The defense attorney will ask a series of questions, usually covering:
- Your background and personal information
- Details about the accident (time, place, what happened)
- Your medical history and injuries
- How the injury has affected your daily life, work, and mental health
Your attorney may object to certain questions, but you’ll generally still be required to answer unless instructed otherwise.
Completion and Transcript
Once the deposition is complete (typically within a few hours), the court reporter will create a transcript. Both parties will have access to it and may use it to support motions, prepare for trial, or assess the strength of the case for settlement.
How to Prepare for a Deposition
Being prepared is the best way to avoid mistakes or inconsistencies. Your attorney will meet with you in advance to go over likely questions and review your case materials.
Here are several preparation strategies:
- Review key documents: Familiarize yourself with your medical records, accident reports, and previous statements.
- Practice answering questions: Especially those about pain levels, lost wages, and how the injury affects your daily life.
- Stay calm and collected: Don’t argue or get emotional, even if the defense attorney tries to provoke you.
- Only answer what’s asked: Don’t offer extra information or speculate. “I don’t know” or “I don’t recall” are perfectly acceptable if true.
- Be honest: The worst thing you can do is exaggerate, guess, or lie. If caught, it can severely harm your case.
Common Defense Attorney Tactics
Defense attorneys aren’t just gathering facts—they’re often trying to test your credibility and lock you into statements that could weaken your claim. Some tactics they may use include:
- Open-ended questions: Designed to get you to talk more than necessary.
- Leading or repetitive questioning: Hoping you’ll change your answer or contradict yourself.
- Minimizing your injuries: Asking questions to make your pain seem less serious or unrelated to the accident.
- Digging into past health history: Looking for pre-existing conditions to reduce the value of your claim.
Your attorney will be present to protect your rights, object to inappropriate questions, and intervene if the tone becomes too aggressive.
How a Deposition Affects the Outcome of Your Case
Depositions play a crucial role in shaping the direction of your claim. Here’s how they can impact the outcome:
- Settlement Leverage: A strong, credible deposition can lead the defense to settle rather than risk a trial.
- Consistency: Inconsistent or unclear statements may be used against you later.
- Trial Preparation: If your case goes to court, the deposition transcript will likely be used for cross-examination.
In many personal injury cases, the deposition becomes a crucial factor in determining whether a case settles and for what amount.
Preparing for a Deposition Starts with the Right Legal Team
If you’re facing a deposition in your personal injury case, don’t go it alone. The stakes are too high. Preparation, poise, and the right legal guidance can make all the difference.
Scott Scherr at The Payne Law Group has helped injury victims throughout Bryan, College Station, and the Brazos Valley successfully navigate depositions and secure fair compensation. From the moment your case begins to the final verdict or settlement, we stand by your side.
Contact attorney Scott Scherr at The Payne Law Group today to schedule a free consultation and learn how we can support you through every step of your personal injury claim.