What Happens During a Personal Injury Deposition?
For many clients, this is the most intimidating part of a lawsuit, but knowing what to actually expect takes most of that fear away.
By Simon Touma · Updated August 14, 2026
What Is a Deposition and Why Does It Happen?
Quick answer: A deposition is sworn, recorded testimony given outside of court, typically during the discovery phase of a lawsuit, where an attorney for the other side asks you questions about the accident, your injuries, and related matters, with your own attorney present to protect your interests.
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Why Depositions Happen
Depositions allow both sides to gather sworn testimony before trial, understanding what a witness will say, testing their credibility, and locking in their account of events under oath, all outside the courtroom. This helps both sides evaluate the case’s real strengths and weaknesses before trial.
Depositions are not unique to plaintiffs, the defendant, and often other witnesses like treating physicians or accident witnesses, may also be deposed as part of the same discovery process.
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What Actually Happens in the Room
You’ll be under oath, with a court reporter recording everything said. The opposing attorney asks questions, your own attorney is present throughout and can object to improper questions or clarify the record when necessary.
Depositions typically take place in an attorney’s office or a conference room, not a courtroom, and are generally less formal in setting, though the testimony itself is just as legally significant as testimony given at trial.
What You’ll Likely Be Asked About
Questions typically cover the accident itself, your injuries and treatment, your background, and sometimes your daily activities and how the injury has affected your life. The opposing attorney is trying to understand your case, and test your account, from every angle.
Expect detailed questions about your medical history, including conditions unrelated to the current claim, this is a normal part of the process, not a sign something is wrong with your case.
How to Prepare
Your attorney will typically meet with you beforehand to review key facts, discuss likely questions, and go over general guidance, like answering only what’s asked, being truthful, and taking your time before responding.
Preparation also generally includes reviewing your own prior statements, medical records, and any other documents relevant to the case, so your testimony is consistent with the documented record.
General Guidance for Answering Questions
- Listen to the full question before answering, and answer only what was actually asked.
- Take your time, there is no requirement to answer quickly.
- It is fine to say “I don’t know” or “I don’t recall” if that is genuinely true.
- Avoid guessing or speculating when you are not actually certain.
- Stay calm and factual, even if a question feels frustrating or repetitive.
Why This Isn’t as Scary as It Sounds
With proper preparation and your attorney present throughout, a deposition is a manageable, structured process, not the dramatic cross-examination often portrayed in movies and television. Most depositions proceed calmly, question by question, without the theatrics people expect.
Your attorney’s presence is not passive, they are actively protecting you throughout, objecting to improper questions and, where appropriate, requesting breaks or clarifying the record.
What Happens After the Deposition
After a deposition, a written transcript is generally prepared, which both sides can review and, in some cases, use later in the case, including potentially at trial if your testimony there differs from what you said under oath. This is part of why consistency and honesty throughout the process matters so much.
Preparing for a deposition in Arizona? Talk to our litigation team before you respond.
Call 602-932-6010What Happens During a Personal Injury Deposition? FAQs
Will I be alone when answering questions from the other side’s attorney?
No, your own attorney is present throughout and can object to improper questions or request breaks as needed.
How long does a typical deposition take?
This varies by case complexity, from a couple of hours to a full day or more in complex cases.
What if I don’t remember the answer to a question?
It’s fine, and expected, to say you don’t recall or don’t know, honesty is what matters, not having a perfect answer for every single question.
Is deposition testimony used at trial?
It can be, particularly if your trial testimony differs from your deposition testimony, or if you are unavailable to testify at trial for some reason.
Can I take breaks during a deposition if I need one?
Yes, breaks are a normal part of the process, and your attorney can help you request one whenever genuinely needed.
Should I bring notes or documents with me to a deposition?
This should be discussed with your attorney beforehand, generally you should not bring materials you have not reviewed and cleared with them first.
What if the other attorney asks something I think is unfair or improper?
Your own attorney is there specifically to identify and object to improper questions, this is exactly what their presence is there to protect against.
Key Takeaways
- A deposition is sworn testimony given outside of court during the discovery process.
- Your own attorney is present throughout to protect your interests.
- Questions typically cover the accident, your injuries, and their impact on your life.
- Proper preparation with your attorney beforehand makes the process far less intimidating.
- It is always appropriate to say you don’t know or don’t recall, rather than guess.
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