What to Expect in a Deposition: A Guide for Plaintiffs in High-Stakes Cases
The Most Important Day of Your Case (That Doesn’t Happen in Court)
For many clients, the entire two-to-three-year journey of a personal injury lawsuit comes down to the anxiety they feel about one single event: the deposition. It’s an understandable fear. The idea of sitting in a conference room for hours while a lawyer from the other side asks you deeply personal questions about your accident, your injuries, and your life is intimidating for anyone.
You may be worried that you’ll get nervous and say the wrong thing, that the attorney will twist your words, or that you’ll somehow damage the case you’ve fought so hard to build. This anxiety is normal, but it can be overcome.
This guide is designed to pull back the curtain and demystify the deposition process. Knowledge is the antidote to fear. By understanding what a deposition is, why it happens, who will be there, and the simple rules you need to follow, you can trade that anxiety for confidence. A deposition is a critical moment in your case, and with the right preparation, it’s a moment where you can shine.
What is a Deposition, and What is its Real Purpose?
First, let’s define our terms. A deposition is a formal, out-of-court proceeding where you, the plaintiff (known as “the deponent”), answer questions from the opposing counsel under oath. A court reporter will be present to create a word-for-word transcript of everything that is said. This testimony carries the same legal weight as testimony given in a courtroom.
While the stated purpose of a deposition is to “discover” facts, the defense attorney has three specific strategic goals:
- To Gather Information: They want to hear, in your own words, everything you know about the accident, the extent of your injuries, the impact on your life and career, and the medical treatment you’ve received.
- To Lock In Your Testimony: The transcript creates a permanent record of your story. If you say something different later at trial, they will use the deposition transcript to attack your credibility.
- To Evaluate You as a Witness: This is a crucial, often unspoken goal. The insurance company wants to see what a jury would see. Are you honest? Are you likable and sympathetic? Do you present as a credible witness? Their assessment of you will have a direct impact on how much they value your case and the settlement offers they make.
The Golden Rules of Testifying: Your Playbook for Success
Your attorney will spend hours preparing you for your deposition, but the strategy comes down to a few simple, powerful rules. Your job is not to be a brilliant orator or a legal scholar; your job is to be a disciplined witness who tells the truth.
Rule #1: Tell the Truth
This is the absolute, non-negotiable foundation of all testimony. Always be honest, even if you think a fact might be embarrassing or hurt your case. A single lie, if discovered, can destroy your credibility and your entire case along with it.
Rule #2: Listen to the Full Question. Pause. Answer.
Do not anticipate the question or start to answer before the lawyer has finished speaking. Listen to the entire question. Take a deliberate pause to process it. This gives your attorney time to object if necessary and gives you time to formulate a concise answer.
Rule #3: Answer Only the Question Asked
This is the most important and most difficult rule. Do not volunteer information. Do not explain your answer. Do not try to be “helpful.” If a question can be answered with a “Yes,” “No,” or “I don’t know,” that is a complete and perfect answer. For example:
- Lawyer: “Do you know what time it is?”
- Bad Answer: “Yes, it’s 2:30 PM. I have a doctor’s appointment at 4:00, so I was keeping an eye on it.”
- Perfect Answer: “Yes.”
Rule #4: If You Don’t Know or Don’t Remember, Say So
“I don’t know” and “I don’t recall right now” are perfectly acceptable answers. It is far better to state that you don’t remember than to guess. Guessing can lead to factual errors that the other side will exploit.
Rule #5: Do Not Estimate. Give Ranges.
Avoid guessing specific numbers for time, speed, or distance. “How fast were you going?” The best answer is not “40 miles per hour” unless you looked at your speedometer. Better answers are, “I was going the speed limit,” or “I was keeping up with the flow of traffic.”
Rule #6: Stay Calm and Professional
The opposing lawyer may be friendly, or they may be aggressive. Some lawyers use tactics designed to make you angry or flustered, hoping you’ll say something you regret. Do not take the bait. Remain calm, polite, and neutral.
Rule #7: Trust Your Attorney
Your lawyer is your shield in the deposition. They will be sitting right next to you. If the opposing counsel’s question is improper, your attorney will object. Listen to these objections carefully. If your attorney instructs you not to answer a question, you must not answer it.
Call Flanagan Law now at 720-928-9178 for your free, no-obligation consultation. A key part of our job is ensuring you are fully prepared for this critical day.
The Preparation Process: We Won’t Let You Go in Cold
You will never walk into a deposition unprepared. The legal team at [About Flanagan Law] has a comprehensive preparation process. In the days leading up to your deposition, we will meet with you for several hours to:
- Review all the key documents in your case, including your accident report and key medical records.
- Discuss the themes and strategies the opposing counsel is likely to explore.
- Practice answering the types of questions you are likely to be asked.
- Drill the “Golden Rules” of testifying until they feel like second nature.
The purpose of this preparation is not to feed you answers, but to make you comfortable and confident in the process so that you can provide the simple, honest truth.
The Final Takeaway: Preparation is the Antidote to Anxiety
A deposition is a milestone, not a monster. It is a structured and predictable legal proceeding that you can and will get through successfully. By understanding its purpose and adhering to the rules of the road, you can protect yourself and your case. It is your opportunity to speak the truth about what happened to you and the impact it has had on your life. With thorough preparation, it is a challenge you can meet with confidence.
Sources & Further Reading
- Colorado Rules of Civil Procedure, Rule 30. Depositions Upon Oral Examination.
- American Bar Association. (2024). How to Prepare for a Deposition.
Frequently Asked Questions
1. How long will my deposition take? The length depends on the complexity of your case. A straightforward case might require a deposition of two to four hours. A complex catastrophic injury case involving a long medical history and significant lost earning capacity claims can easily last a full day or sometimes even longer.
2. What should I wear to a deposition? You should dress as if you were going to court. We recommend business casual attire. Your appearance should convey that you are taking the process seriously and that you respect the legal system.
3. Can I take a break during the deposition? Yes. You can ask for a break at any time for any reason—to use the restroom, get a glass of water, or simply clear your head. However, you cannot take a break while a question is “pending,” meaning after the lawyer has asked a question but before you have answered it. You must answer the question first, then ask for a break. If you need to speak with your attorney, you can also request a break to do so. To discuss your case with us, please Contact Us.
