What to Expect During a Deposition in a Personal Injury Case

Were you hurt in an accident? You have a right to file a claim against the at-fault party to hold them liable for their negligence. Through a personal injury case, injured victims can pursue compensation for the full value of their damages—including medical bills, loss of wages, and pain and suffering. As part of the personal injury claims process, you may be required to sit for a deposition. It is crucial that injured victims know what to expect. Here, our Houston personal injury lawyer provides an overview of what you can expect during a deposition in a personal injury case in Texas.

The Legal Information Institute defines a deposition as “a witness's sworn out-of-court testimony.” It is a part of the discovery process. During a deposition, the testimony is recorded by a court reporter. Whatever is said during a deposition can be used in court proceedings to establish facts or impeach the credibility of the witness. The questioning is done by a lawyer—usually from the defendant and/or insurance company. If an injured victim is being deposed, he or she can and should be represented by an attorney as well.

Why would a deposition be conducted in a personal injury case in Texas? The primary purpose is to collect detailed information about the incident and the extent of the injuries claimed by the plaintiff (injured victim). The process allows both parties' lawyers to clarify facts, assess the credibility of witnesses, and gather evidence. That a deposition has been requested does not mean that a personal injury case is definitely going to trial. Quite the contrary, discovery is a part of the pre-trial process in litigation. Settlement negotiations will often follow a deposition.

Preparing for a deposition in a personal injury case in Texas can be stressful and confusing. The process is a lot easier if you know what to expect. Remember, it is out-of-court sworn testimony. The primary structure of a deposition is questioned by the opposing party’s attorney. You should expect a number of different types of questions, including:

• Questions About Your Background: Depositions often start with background information. Use this part of the process to get comfortable with the questioning. You should expect questions about basic personal information such as your full name, age, and address. You may also get questions about employment history, including where you work, your role, and details about your employment history. Finally, you may get some questions about medical history prior to the accident.
• Questions About Your Accident: You are also likely to get some questions about the accident itself—especially if there is still a dispute over exactly what happened and why. You may need to describe how the accident occurred, including the time, location, and conditions that contributed to the incident. You could also be asked about details related to what you were doing at the time of the accident.
• Questions About Your Injuries: Depositions often also focus on the victim’s injuries and their recovery. You may be asked for detailed descriptions of your injuries as a result of the accident. You may also be asked questions about the medical care you received, ongoing treatments, and any future medical procedures you might need.
• Questions About Your Life Before and After the Accident: Finally, injured victims should expect questions about their lives—both now and before the accident happened. These types of questions are designed to compare your health and abilities before and after the accident. Issues may center on any adjustments to your lifestyle—such as the activities you can no longer enjoy and/or the changes in your family and social life.

You do not have to handle a personal injury deposition on your own. The right legal representation can make the difference in a personal injury case in Houston or elsewhere in Texas. Here are three tips to help you prepare for the deposition process.

1. Work With and Rely on a Houston Personal Attorney: The single best thing you can do to prepare for a personal injury deposition is to hire an attorney. Indeed, a knowledgeable Houston personal injury attorney is essential for effectively navigating the complexities of a deposition. Your attorney will prepare you by reviewing questions and coaching you on your answers. They can also object to inappropriate questions to protect your rights.
2. Refresh Your Memory on Your Accident and Your Injuries: Before your deposition, take the time to review all documents and notes related to your accident and injuries. Along with other things, you may want to review medical records, police reports, and any personal notes you’ve taken about your experience and recovery. A thorough review will help you recall details more accurately and present a consistent narrative during the deposition.
3. Listen Carefully and Make Sure You Understand the Questions: Take your time when answering questions during a personal injury deposition in Houston. During the deposition, it is always crucial to listen very carefully to each question. Think before you speak. If a question is unclear, you should never hesitate to ask the attorney to rephrase it or provide further clarification. Answer only what is asked without volunteering additional information. You should not speculate. When in doubt, rely on your lawyer. Your attorney can always provide clarification.

At Thornton Esquire Law Group, PLLC, our Houston personal injury lawyer fights tirelessly for justice. If you have any questions about personal injury depositions, we are here to help. Give us a call at (888) 378-1784 or contact us online for a completely confidential initial appointment. With law offices in Fort Bend County & Harris County, we fight for the rights of injured victims all across Texas.