What happens during a deposition
A deposition is a formal question-and-answer session where you sit down with the other side's lawyer and answer questions under oath. The other party's attorney will ask you about the accident, your injuries, your medical treatment, your lost wages, and anything else relevant to the case. A court reporter records everything you say, word for word, and creates a transcript that becomes part of the lawsuit record.
Depositions happen before trial, usually months after the accident. They are not held in a courtroom—they typically take place in a lawyer's office or a conference room. Your own lawyer will be present and can object to certain questions, but you are the one answering. The deposition is not a trial, and the judge is not there, but your answers carry legal weight because you are under oath.
The whole process usually takes two to four hours, though complex cases can run longer. You will be asked to swear or affirm that you will tell the truth, just as you would in court. Anything you say can be used against you later if your story changes, or used to support the other side's case.
Key Takeaways
- The defendant's lawyer will ask you detailed questions about the accident, your injuries, treatment, and damages under oath, and a court reporter will record every word.
- Your own lawyer will sit with you and can object to improper questions, but cannot answer for you or tell you what to say during the deposition itself.
- Common questions focus on how the accident happened, what you remember about the other driver's actions, your medical records, your lost income, and any prior injuries or accidents.
- Truthful, straightforward answers protect your case; changing your story, exaggerating, or guessing damages your credibility and gives the other side ammunition to use at trial.
- Your lawyer will prepare you beforehand by reviewing likely questions and explaining what to expect, so you are not walking in blind.
Questions about how the accident occurred
The defendant's lawyer will spend significant time on the mechanics of the crash itself. They will ask you to describe what happened in your own words, then drill down into specific details: where you were, what you were doing, what you saw the other driver do, the weather and road conditions, traffic signals and signs, your speed, and whether you were distracted.
They will ask whether you saw the other vehicle before impact, how much time you had to react, and whether you took any evasive action. They may ask you to draw a diagram or describe the intersection layout. They will ask about any skid marks, debris, or damage patterns you noticed. The goal is to find inconsistencies between your account and the police report, or to suggest that you had more time to avoid the crash than you claim.
Be specific about what you actually remember versus what you learned later from the report or from talking to others. If you do not remember something, say so. Do not fill in gaps with guesses or assumptions. If the other side can show you are inventing details, your entire account becomes suspect.
Questions about your injuries and medical treatment
The defendant's lawyer will ask detailed questions about every injury you reported and every medical visit you made. They will ask when you first felt pain, where it was located, how severe it was, and how it changed over time. They will ask what doctors you saw, what tests were done, what medications you took, and whether you followed your doctor's instructions.
They will ask about any prior injuries to the same body parts, any pre-existing conditions, and any medical problems you had before the accident. They will ask whether you continued working, exercised, or did activities that seem inconsistent with the severity of your injuries. They will ask about any gaps in treatment—periods where you did not see a doctor—and what that means.
Bring your medical records to the deposition, or have your lawyer bring them. The defendant's lawyer will have copies and will use them to challenge your testimony if it conflicts with what the records show. If a doctor's notes say you reported mild pain but you testify that you were in severe pain, that contradiction will be highlighted. If you stopped treatment early, they will ask why, and suggest it means you recovered faster than you claim.
Questions about your damages and lost income
The defendant's lawyer will ask you to account for every dollar you claim to have lost. They will ask about your job, your salary or hourly rate, how many days you missed work, and whether you were paid during that time. They will ask for documentation: pay stubs, tax returns, letters from your employer. If you are self-employed, they will ask for business records and tax filings.
They will ask about medical bills and whether your insurance paid any of them. They will ask about out-of-pocket expenses: medications, medical equipment, transportation to appointments, home care. They will ask whether you incurred any expenses that would have happened anyway, even without the accident. They will ask about any income you received from other sources during your recovery period.
If your damages claim includes future lost wages or future medical care, they will ask you to explain the basis for those projections. They will ask whether you have returned to work, whether you expect to return to your prior job, and whether your earning capacity has been permanently affected. Bring receipts, invoices, and financial records that support your numbers.
Questions designed to undermine your credibility
The defendant's lawyer is not trying to be fair. They are trying to find reasons a jury should not believe you or should award you less money. They will ask questions designed to make you look careless, dishonest, or exaggerating. They may ask about traffic violations you have received, whether you have been in other accidents, whether you have filed other insurance claims, or whether you have a history of lawsuits.
They will ask whether you have talked to other witnesses, whether you have looked at photos of the accident scene, or whether you have discussed the case with anyone other than your lawyer. They will ask whether you have posted about the accident on social media, and if so, what you said. They will ask whether you have been paid to testify or whether anyone has promised you money beyond your actual damages.
They may ask about your drinking or drug use, your mental health history, or your financial situation. They may ask whether you have a criminal record. Some of these questions are improper and your lawyer can object, but the fact that you were asked will still be noted. The strategy is to paint you as unreliable, biased, or motivated by money rather than truth.
How to prepare with your lawyer before the deposition
Your lawyer should meet with you before the deposition to review what to expect. They will go over the likely topics and the kinds of questions the other side will ask. They will ask you to walk through the accident and your injuries in detail, and they will point out where your account is weak or where the other side will attack.
They will explain the rules: answer only the question asked, do not volunteer extra information, do not guess or speculate, do not argue with the other lawyer, and ask for a break if you need one. They will tell you to speak clearly so the court reporter can hear you, to say "I do not know" or "I do not remember" when that is true, and to correct yourself when ready if you misspeak.
They will review your medical records and financial documents with you so you are not surprised by what they contain. They will explain what documents the other side has and what they will likely use against you. They will answer your questions about the process and what happens after the deposition.
What not to do during a deposition
Do not lie or exaggerate. If you are caught in a lie, even a small one, the other side will use it to suggest you are lying about everything. Do not guess at numbers, dates, or distances. Do not say "I think" or "I believe" when you mean "I know"—those phrases suggest uncertainty and invite the other lawyer to challenge you.
Do not volunteer information beyond what was asked. If the question is "What color was the traffic light?" answer "red" or "green," not "The light was green and I was paying attention and the other driver ran it." Extra details give the other side more material to work with.
Do not argue with the other lawyer or get angry. Stay calm and professional. If you do not understand a question, ask for clarification. If you need a break, ask for one. Do not answer questions while you are emotional or tired. Do not make jokes or sarcastic comments—they will be recorded and can be used against you.
Do not discuss your testimony with anyone except your lawyer after the deposition is over. Do not post about it on social media. Do not contact witnesses or the other party. Let your lawyer handle all communication with the other side.
How the deposition is used later in the case
The deposition transcript becomes part of the case file. If the case goes to trial, the other side can read parts of your deposition testimony to the jury, especially if your trial testimony differs from what you said at the deposition. They can use your deposition to impeach your credibility—to show the jury that you said something different before.
The deposition also helps both sides evaluate the case. Your lawyer will use it to see how you come across and how the other side will attack your story. The defendant's lawyer will use it to decide whether to settle or go to trial. If your deposition testimony is strong and consistent, it may push the other side toward settlement. If it is weak or full of holes, it may embolden them to take the case to trial.
Many cases settle after depositions because both sides have a clearer picture of what a jury would see. Your deposition performance can directly affect whether the case settles and for how much.
Frequently Asked Questions
Can I bring documents to my deposition?
Yes. Bring originals or copies of anything that supports your account: medical records, bills, pay stubs, photos of the accident scene or your injuries, text messages or emails about the accident, and any written statements you gave to police or insurance. Your lawyer will tell you what to bring. The other side's lawyer may ask to see documents during the deposition, and anything you bring can be marked as an exhibit and made part of the record.
What if I do not remember something the lawyer asks about?
Say "I do not remember" or "I do not know." Do not guess, do not say "I think," and do not make something up. If the other lawyer pushes you to remember, stick to your answer. Admitting you do not remember is far better than giving a wrong answer that contradicts your medical records or the police report.
Can my lawyer object to questions during the deposition?
Yes, your lawyer can object to questions that are improper—for example, questions that ask you to speculate about what someone else was thinking, or questions that violate attorney-client privilege. However, you still have to answer most questions even if your lawyer objects. The objection is noted in the transcript for the judge to rule on later, but it does not stop you from answering.
What happens if I contradict something I said in my police report?
The other side will use it against you. They will show the jury that your story changed and suggest you are not reliable. If you remember something differently now than you did right after the accident, explain why—for example, "I was in shock and did not remember the traffic light color until I saw the police report." But do not invent explanations. If you straightforward made a mistake in the report, acknowledge it and move on.
Can I refuse to answer a question?
Rarely. Your lawyer can instruct you not to answer only in specific situations, such as questions that seek information protected by attorney-client privilege or your own medical records that your lawyer has not yet disclosed. In almost all other cases, you must answer or the other side can ask the judge to force you to answer, and your refusal can hurt your case.