Your deposition is a recorded question-and-answer session where the other side's lawyer asks you about your injury, the property, and what you saw
A deposition is a formal interview under oath, usually held in a lawyer's office or conference room. The defendant's lawyer (or their insurance company's lawyer) will ask you questions about the incident, your injuries, your medical treatment, and anything else related to how the property owner was negligent. A court reporter records everything you say, word for word. You are under oath, which means lying carries legal consequences.
Depositions happen before trial in most premises liability cases. They are not a trial—a judge is not present—but they are serious. What you say in a deposition can be used against you later in court, or it can support your case if you testify differently at trial. The other side uses depositions to lock down your story, find weaknesses in your account, and decide whether to settle or fight.
You will usually have your own lawyer present. If you do not have one yet, this is a strong signal that you should. Depositions are not the place to represent yourself, because the other side's lawyer is trained to ask questions in ways that can trap you or make your account sound less credible than it is.
Key Takeaways
- A deposition is a recorded question-and-answer session under oath, held before trial, where the defendant's lawyer asks about your injury and what happened.
- You must tell the truth, but you should prepare with your own lawyer beforehand so you understand what questions are coming and how to answer clearly.
- The other side will try to find inconsistencies in your story, minimize your injuries, or suggest you were partly at fault—this is normal and expected.
- Your lawyer can object to certain questions and can ask you to clarify if you do not understand something, but you cannot refuse to answer most questions.
- What you say in a deposition becomes part of the court record and can be used against you at trial if your testimony changes.
What the defendant's lawyer will ask about
The questions will cover your background, the incident itself, your injuries, and your damages. Expect detailed questions about where you were on the property, what you were doing, what you saw before the injury happened, and whether you noticed any hazards. The lawyer will ask about your medical visits, your symptoms, time off work, and how the injury has affected your daily life.
The defendant's lawyer will also ask questions designed to suggest you were careless or partly responsible. They may ask whether you were paying attention, whether you had been to that location before, whether you were wearing appropriate footwear, or whether you could have avoided the hazard. They may ask about your medical history to suggest a pre-existing condition caused your pain, not the fall or injury. These questions are standard—they do not mean you are being accused of lying, only that the other side is building their defense.
You will also be asked about conversations with your own lawyer, your doctor, or anyone else about the case. Some of these conversations are protected by attorney-client privilege (meaning you do not have to answer), but your lawyer needs to be there to claim that protection when appropriate.
How to prepare with your lawyer before the deposition
Meet with your lawyer at least a few days before the deposition. Review the facts of what happened: the date, the time, the weather, what the property looked like, who was present, and what you did when ready after the injury. Your lawyer will walk you through the types of questions you will face and help you practice answering them clearly and honestly.
Bring any documents you have: photos of the property, medical records, receipts for treatment, pay stubs showing lost wages, text messages or emails about the incident, or anything else that supports your account. Your lawyer will use these to refresh your memory and to prepare for questions about them.
Ask your lawyer what topics are off-limits because of privilege, and what you should do if the other side's lawyer asks about them. Ask what happens if you do not remember something—the honest answer is usually "I do not recall," not a guess. Ask whether you should bring documents to the deposition itself or whether your lawyer will handle that. Ask what to do if you need a break or if a question confuses you.
What you should and should not do during the deposition
Answer the question asked, not the question you wish you had been asked. If the lawyer asks "Did you see the wet floor sign?" answer yes or no, then stop. Do not volunteer extra information or explain yourself unless your lawyer asks you to. Short, direct answers are harder to twist than long ones.
If you do not understand a question, say so. Ask the lawyer to rephrase it. If you do not remember something, say "I do not recall" rather than guessing. If you need to think before answering, take a moment—silence is fine. If you need a break, ask for one.
Do not argue with the lawyer, even if a question seems unfair or hostile. Do not volunteer information about conversations with your lawyer unless asked directly. Do not speculate about what the property owner knew or should have known—stick to what you saw and experienced. If your lawyer objects to a question, pause and let them handle it; do not answer until they tell you to.
Dress professionally, as you would for court. Arrive on time. Bring water and any medications you need. Stay calm. The other side's lawyer may ask aggressive questions or suggest you are lying—this is a tactic, not a personal attack.
What happens after the deposition
The court reporter will prepare a transcript—a written record of everything said. Both your lawyer and the defendant's lawyer will receive a copy. Review it with your lawyer to make sure it is accurate. If the transcript contains errors in what you said, you can file corrections, though this is rare and should only be done if there is a genuine mistake in what the reporter typed.
The defendant's lawyer will use the deposition to decide whether to settle the case or prepare for trial. If your testimony is strong and consistent, they may offer a settlement. If there are gaps or inconsistencies in your account, they may be more willing to fight. Your lawyer will use the deposition to assess the strength of your case and to prepare you for trial if the case does not settle.
If the case goes to trial, the deposition transcript can be used to impeach you—meaning the other side can point out if you say something different at trial. This is why consistency and honesty matter. It can also be read aloud in court if you cannot attend trial, or used to refresh your memory if you testify.
When you might not have to attend a deposition
In rare cases, a lawyer may take your deposition by written questions instead of in person, though this is less common in premises liability cases. Some cases settle before depositions happen. If your case is small or if liability is clear, the defendant's insurance company may not bother with a deposition at all.
If you are very ill or disabled and cannot travel, you may be able to testify by video conference instead of in person, though you will still be under oath and the process is the same. Your lawyer can request this accommodation, but the other side has to agree or a judge has to order it.
Red flags: when you need your lawyer's help during the deposition
If the other side's lawyer asks you to describe conversations with your own lawyer, your doctor, or a therapist, your lawyer should object based on privilege. You do not have to answer these questions.
If the lawyer asks you to speculate ("Do you think the property owner knew about the hazard?"), your lawyer can object. You should only testify about what you saw, heard, or experienced directly.
If the lawyer asks the same question multiple times in slightly different ways, trying to get you to change your answer, stay calm and give the same truthful answer. This is a common tactic and does not mean you are doing anything wrong.
If you realize during the deposition that you made a mistake in an earlier answer, tell your lawyer when ready. You can correct the record. Trying to hide a mistake looks worse than admitting you misspoke.
Frequently Asked Questions
Can I bring documents to my deposition?
Your lawyer will decide what documents to bring and when. Usually, your lawyer will have already given copies to the other side before the deposition. Bring anything your lawyer asks you to bring, but do not bring documents on your own without asking first.
What if I say something in the deposition that hurts my case?
Tell your lawyer when ready. Depending on what you said, your lawyer may be able to clarify it in writing, address it with the other side, or prepare an explanation for trial. Honesty in a deposition is always better than trying to hide a problem.
Can the defendant's lawyer use my deposition against me at trial?
Yes. If you testify differently at trial than you did in the deposition, the other side can show the transcript to the jury to suggest you are lying or confused. This is why preparing carefully and answering truthfully matters.
Do I have to answer every question?
No. Your lawyer can object to questions about attorney-client conversations, your medical privacy in some cases, or questions that ask you to speculate. But you must answer most factual questions about what happened, your injuries, and your damages.
What if I do not remember something the lawyer asks about?
Say "I do not recall." Do not guess or make something up. If a document helps refresh your memory, your lawyer can show it to you and ask again. Saying you do not remember is honest and acceptable.