Legally reviewed by Sumeet Kaul, Trial Attorney at Morgan & Morgan, on September 18, 2024.
A deposition is a live interview with a witness done under oath (meaning you are legally required to tell the truth) and is part of the discovery process. Discovery simply refers to an exchange of information between both sides in case. These interviews usually don’t take place in the courtroom; instead, they are typically in an attorney’s office.
Usually, you and any witnesses for your side will be deposed by the opposing legal team, and your attorney will depose the person or organization on the other side of the lawsuit.
So what should you expect leading up to your deposition?
Your attorney will help prepare you for your deposition by reviewing documents with you, like police reports or medical records, that are related to your personal injury claim. They will also put together a list of questions you may be asked during the session so you feel more comfortable answering them. Some of these questions might include:
- What types of illnesses and injuries have you suffered from during the course of your life?
- Have you previously been involved in any other lawsuits or legal claims (i.e. workers' compensation)?
- Were there any witnesses to the accident?
- Did you file an insurance claim?
- What is the nature of your injury?
- What is your job history?
- How has your injury affected your life?
- When was your last treatment?
Your deposition might feel like an intense interview, but your lawyer will be there the entire time to support you. Just remember to always tell the truth— you’re under oath during a deposition, which means it could be considered a crime if you knowingly lie about something related to your case.
Relax, prepare with your lawyer, and answer the questions to the best of your ability. You’ve got this!