If you filed a personal injury lawsuit in Minnesota, you may eventually hear that the other side wants to take your deposition. For someone who has never been involved in litigation, the idea of sitting down and answering questions from the opposing attorney can understandably feel intimidating.
A deposition is an important part of the discovery process, but it is not a trial. There is no judge or jury deciding your case while you speak. Instead, a deposition gives attorneys an opportunity to ask questions under oath, gather information, and better understand the evidence that could be presented if the case eventually goes to trial.
Knowing what happens during a personal injury deposition can make the process much less unfamiliar.
What Is a Deposition in a Personal Injury Lawsuit?
A deposition is a formal question-and-answer session conducted under oath.
During a personal injury case, attorneys for the parties use depositions to gather testimony from people who have information relevant to the lawsuit. That can include the injured person, the defendant, witnesses, medical professionals, or others whose testimony may matter.
Your answers are recorded, usually by a court reporter who creates a written transcript. Because you are under oath, your deposition testimony should be treated just as seriously as testimony given in court.
Depositions are part of discovery, the stage of litigation in which both sides obtain information and evidence relevant to the case.
Who Attends a Personal Injury Deposition?
A deposition is generally much smaller and less formal than a courtroom proceeding.
For the deposition of an injured person, those present will typically include:
- The injured person
- Their personal injury attorney
- The attorney representing the defendant
- A court reporter
Other attorneys or parties may attend depending on the case. Depositions may take place in a law office or another agreed-upon location, and some may be conducted remotely by video.
A judge ordinarily does not attend. If disagreements arise about a question or another legal issue, the attorneys may make objections for the record and address disputes according to the applicable rules.
What Questions Are Asked During a Personal Injury Deposition?
The questions depend on the circumstances of the accident and the issues being disputed.
The opposing attorney will generally want information about both how the accident happened and how the injuries have affected you.
Questions may cover topics such as:
- Your background and employment
- What you remember about the accident
- Your actions immediately before and after the accident
- Injuries and symptoms you experienced
- Medical treatment you received
- Your current physical condition
- Previous injuries or medical conditions
- Time you missed from work
- Activities your injuries have affected
- Other financial or personal losses you are claiming
For example, in a car accident lawsuit, you may be asked where you were going, what you saw before the collision, how the vehicles collided, what symptoms you noticed afterward, and what medical treatment you have received since.
Questions about previous medical treatment can sometimes feel unrelated or intrusive. However, prior injuries or conditions may become relevant when an insurance company argues that some or all of your current symptoms existed before the accident.
How Long Does a Personal Injury Deposition Take?
There is no single length for every deposition.
A relatively straightforward car accident deposition may be completed in a few hours, while a complicated case involving severe injuries, disputed liability, extensive medical treatment, or multiple issues can take longer.
Your Minnesota personal injury attorney should be able to give you a better idea of what to expect based on your particular case.
The goal is not to answer questions as quickly as possible. It is more important to listen carefully, understand what is being asked, and answer truthfully.
How Should You Prepare for a Deposition?
Your personal injury attorney will typically meet with you before the deposition to explain the process and help you prepare.
Preparation may include reviewing the facts of the accident, your medical history and treatment, previous statements or discovery responses, and the damages being claimed.
You generally do not need to memorize dates, medical terminology, or a particular version of your story. In fact, trying to memorize answers can make the process more difficult.
The most important approach is to listen carefully and answer the question that was actually asked. If you do not understand a question, you can ask for clarification. If you genuinely do not know or remember something, it is better to say so than to guess.
Your attorney can also explain how objections work and what to do if an unexpected issue arises during the deposition.
Why Does the Insurance Company’s Attorney Want to Depose You?
A deposition serves several purposes.
The defense attorney wants to learn what you know about the accident and injuries. The deposition also allows the defense to evaluate how your testimony compares with medical records, accident reports, previous statements, and other evidence.
The attorney may also be evaluating how you would appear as a witness if the case reaches trial.
Because the testimony is recorded, it can potentially be used later in the litigation. For example, if testimony at trial differs significantly from an answer given during a deposition, the earlier testimony may be used to challenge the inconsistency.
That is another reason accuracy matters.
Can a Deposition Affect Your Personal Injury Settlement?
Yes. A deposition can become an important point in the progression of a personal injury lawsuit.
Before depositions, attorneys and insurance companies may know primarily what appears in documents, medical records, and written discovery. A deposition gives them an opportunity to hear directly from the people involved.
After important depositions are completed, both sides may have a clearer understanding of the strengths and weaknesses of the case. That information can affect settlement negotiations.
Some cases settle after depositions. Others proceed into additional discovery, mediation, motions, or ultimately trial.
A deposition itself does not determine how much your case is worth or whether you will win. It is one piece of the larger litigation process.
What Happens After Your Deposition?
After the deposition, the court reporter prepares a transcript of the testimony. Your attorney may review the testimony and continue gathering evidence as discovery proceeds.
Other depositions may still need to take place, including those of the defendant, witnesses, medical providers, or expert witnesses.
The parties may also continue settlement negotiations. In some cases, they participate in mediation to try to resolve the dispute without trial.
If no settlement is reached, the case can continue toward trial, where testimony and other evidence are presented to a judge or jury.
Related Reading: What Happens after a Deposition in a Personal Injury Case?
Talk to a Minnesota Personal Injury Attorney About the Litigation Process
A deposition is an important stage of a personal injury lawsuit, but you should not have to walk into one without knowing what to expect.
Your attorney can explain the process, help you prepare, attend the deposition with you, and address legal issues that arise during questioning.
The personal injury attorneys at Sieben Edmunds Miller represent people injured in car accidents and other serious incidents throughout Minnesota. If you have questions about pursuing a personal injury claim or lawsuit, contact Sieben Edmunds Miller to discuss your case.
Frequently Asked Questions About Personal Injury Depositions
Is a deposition the same as going to court?
No. A deposition usually takes place outside a courtroom and there is ordinarily no judge or jury present. However, you testify under oath, and your answers are recorded.
Will my attorney be with me during my deposition?
Yes. Your attorney can attend the deposition, explain the process beforehand, and make appropriate objections during questioning.
Can I say “I don’t know” during a deposition?
Yes, if that is the truthful answer. You should not guess or speculate about something you genuinely do not know or remember.
Does every personal injury case involve a deposition?
No. Depositions generally occur after a lawsuit has been filed and the case proceeds through discovery. Many personal injury claims settle before reaching that stage.
Can my deposition be used at trial?
Deposition testimony can potentially be used later in the litigation, including in circumstances where a person’s trial testimony differs from what they said under oath during the deposition.
