Facing a personal injury deposition can be stressful. However, it is a critical phase of the discovery process in litigation. You might be wondering why you need to participate in a deposition, what kinds of questions you will be asked, and what happens at one. Working with an experienced attorney, being well-prepared, and knowing what to expect can make the deposition process feel less overwhelming.

What is a Personal Injury Deposition?

A personal injury deposition is a question-and-answer session that is part of the discovery process. During a deposition, one party asks the other questions about the facts of the case. While depositions consist of sworn testimony, they are conducted out of court, usually in an attorney’s office. They are transcribed by a court reporter who creates a written transcript of everything that was said. The attorney for the party being questioned will have the opportunity to make objections during the questioning.

A deposition allows the attorneys for each side to collect information about the accident, the damages incurred, and who was at fault. But not only can depositions help to gather evidence in a personal injury matter — they can also be used at trial to contradict or impeach the testimony of a witness.

What Questions are Asked at a Deposition?

Any questions that are relevant to the injury or the accident can be asked at a personal injury deposition. The deposition will typically begin with a series of questions about your personal background, including your name, address, date of birth, educational history, and the type of work you do. You will also be asked questions about when, where, and how the accident happened; the injuries you suffered and how they affect your daily life; and the medical treatment you have received.

Specifically, common questions that may be asked at a personal injury deposition may include the following:

• What were you doing when the accident happened?
• Were there any witnesses at the scene of the accident?
• Did you consume any alcohol prior to the accident?
• What physical limitations do you suffer because of your injuries?
• Did you have any injuries before the accident?
• Did you have any conditions that the accident made worse?
• How have your injuries impacted your ability to work?
• What kind of medical treatment have you received?
• When did you start receiving medical treatment?
• How much cost have you incurred in medical expenses due to the accident?
• Do you have a criminal record?
• Have you previously filed a lawsuit?

How Can I Prepare for a Personal Injury Deposition?

Depositions are serious matters, and you should not try to face one alone. It is best to prepare for a personal injury deposition with an experienced personal injury attorney who has experience taking depositions and defending them. Your attorney can best advise you regarding the types of questions you can expect to be asked, based on the facts of your case. You may also choose to review the facts of your case beforehand, including your medical records, to help ensure you remember all the details clearly.

It is important to be as comfortable and at ease as possible when you go into a deposition. Allow the attorney to finish their question without jumping in and think carefully before answering. If you do not understand the question, you can ask for clarification.

While you must always answer honestly, it’s essential to remember that you should only respond to the question asked and keep your answers brief. Be aware that sometimes, an attorney may ask the same question in a different way to try to discredit you. It is vital to be consistent with your answers and not allow this tactic to confuse you.

Learn How an Experienced Washington Personal Injury Attorney Can Help

If you have been injured in an accident due to someone else’s negligence or carelessness, a knowledgeable personal injury attorney can guide you through the legal process — and prepare you for your deposition. The Bellingham personal injury attorneys at Robinson & Kole provide proficient representation to accident victims throughout Washington State. We are committed to working tirelessly to secure the monetary recovery they deserve.

Contact Robinson & Kole for a Consultation

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.