What to Expect in a Personal Injury Deposition

By Osborne & Francis
October 25, 2023

Most personal injury cases involve depositions. Because most of these types of cases are settled before they make it to trial, it may be the only time that you are questioned by the counsel from the other side. Having to participate in a deposition may be daunting, causing some nervousness, especially when you don’t know what to expect. The following outlines what normally happens in personal injury depositions.

What is a Deposition?

Basically, a deposition is a meeting where the opposing counsel is able to question you about the case. Your attorney is in attendance with you as you are questioned. There is typically a court reporter present and the session may be videoed as well.

Why is a Deposition Necessary?

In a personal injury lawsuit, both the plaintiff’s and defendant’s sides have a right to know what evidence the other side has so they can thoroughly prepare for a trial (in the event that the case isn’t settled). The opposing side is entitled to see all of the information that your attorney has collected regarding your case. Additionally, they are entitled to hear your thoughts and recollection of the accident.

What Will I Be Asked in a Personal Injury Deposition?

In a personal injury case, the questions involved in a deposition are usually background-related and accident-related.Background-related questioning typically involves the following:

  • You will be asked about your current address and previous addresses for a specific amount of time.
  • You will be asked about your occupation and salary. You may also be asked about previous employers.
  • You will be asked if you have filed other lawsuits in the past, and if so, what types.
  • You will be asked if you have any criminal history.
  • You will be asked about previous illnesses and injuries and for your doctors’ contact information.

Accident-related questioning typically involves the following:

  • You will be asked to describe the accident that caused your injuries. The attorney will likely want you to describe every minute detail of the accident – so be prepared for this part to take some time.
  • You will be asked to describe your injuries. This too will take some time. You will be asked to provide information about every doctor who has treated you, how you came to see each doctor, the status of any medical bills, if you have been working since your accident, etc.
  • You will be asked to detail any limitations you have had since the accident (work, household duties, caring for family, etc.). These limitations will have to be supported by medical records.

Finding the Right Personal Injury Lawyer

While a deposition can be tedious, when you have an experienced personal injury attorney in your corner, you will be well prepared, and you will know that you have an advocate who is looking out for your best interests. If you or a loved one has been injured due to the negligence of another party, contact Boca Raton personal injury lawyer Joe Osborne at (561) 296-2600 or complete the online contact form to set up a consultation for your case. He will guide you through the deposition process as well as all the other aspects of your case.

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

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