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What Is a Deposition in a Personal Injury Case, and Why Does It Matter?

Posted October 20, 2025 | Personal Injury Blog

If you’ve filed a personal injury claim, there’s a good chance you’ll hear about something called a deposition, and you may even be asked to participate in one. For many accident victims, the idea of being questioned under oath sounds intimidating, but a deposition is simply part of the legal process designed to uncover the facts of your case.

In this article, we’ll explain:

  • What a deposition is and how it fits into a personal injury lawsuit
  • What happens during the deposition process
  • How your personal injury lawyer prepares and protects you
  • Why depositions can play a major role in determining your settlement or trial outcome

We’ll also discuss how the attorneys at Fielding Law Auto Accident Attorneys guide clients through every stage of their case, from depositions to negotiations, ensuring their rights and stories are clearly presented.

What Is a Deposition?

deposition is a formal question-and-answer session that takes place during the discovery phase of a personal injury lawsuit. It allows attorneys on both sides to gather testimony from witnesses and parties involved before the case ever reaches trial.

During a deposition, you’ll answer questions under oath, usually in a conference room, not a courtroom. Everything said is recorded by a court reporter and can later be used as evidence in settlement discussions or at trial.

The purpose of a deposition is to:

  • Clarify the facts of the case
  • Preserve witness testimony
  • Evaluate credibility and consistency
  • Identify strengths and weaknesses in each side’s claims

If you were injured in a car accidentslip and fall, or truck crash, your deposition is your opportunity to tell your side of the story, truthfully, clearly, and confidently.

Who Attends a Deposition?

Typically, the following people are present during a deposition:

  • You (the plaintiff)
  • Your personal injury attorney

  • The defendant’s attorney
  • A court reporter
  • Sometimes, insurance company representatives or expert witnesses

No judge is present, and no rulings are made during the session. However, your statements carry the same weight as testimony in court since you are under oath. That’s why it’s crucial to prepare thoroughly with your attorney beforehand.

What Happens During the Deposition Process?

The deposition usually begins with background questions, your name, occupation, and brief history. Then, it moves into specific topics about your case, such as:

  • How the accident occurred
  • Your medical treatment and recovery process
  • The impact of your injuries on your daily life
  • Any pre-existing conditions or prior accidents

For example, in a motorcycle accident case, you may be asked to describe the moments leading up to the crash, whether you were wearing a helmet, and what injuries you sustained.

Everything is recorded and transcribed. Your deposition may later be reviewed by insurance adjusters or presented at trial to verify your consistency and credibility.

Why Depositions Matter in Personal Injury Cases

Depositions can have a significant impact on how your case unfolds. They often:

1. Shape Settlement Negotiations

The defense may evaluate your testimony to decide whether settling is in their best interest. If your deposition shows you’re credible, well-prepared, and your story is consistent, it strengthens your case and often leads to a higher settlement offer.

2. Lock In Testimony

Statements made during your deposition become part of the official record. If the other party later changes their story or contradicts themselves at trial, your attorney can use their deposition to challenge their credibility.

3. Expose Weaknesses or Discrepancies

Depositions also give your injury lawyer a chance to identify potential weaknesses in the defense’s case, such as conflicting witness statements, unclear accident reports, or questionable expert testimony.

4. Prepare for Trial

Depositions allow your legal team to anticipate the other side’s arguments and refine your trial strategy. Many cases settle soon after depositions because both parties gain a clearer picture of how the evidence stacks up.

How to Prepare for a Deposition

Preparation is key to a successful deposition. Your attorney will guide you through every step, including:

  • Reviewing your accident report and medical records
  • Practicing potential questions and answers
  • Learning how to remain calm and focused under questioning
  • Understanding when to pause or ask for clarification

At Fielding Law, our personal injury attorneys help clients prepare for depositions with mock sessions and detailed coaching. We make sure you understand the process, feel confident, and know how to handle difficult or unexpected questions.

Common Mistakes to Avoid During a Deposition

Even well-meaning answers can be misunderstood or taken out of context. To protect your case, avoid these common mistakes:

  • Guessing or speculating when you don’t know the answer
  • Talking too much or volunteering extra information
  • Becoming defensive or argumentative
  • Exaggerating symptoms or minimizing pain

The best approach? Be honest, concise, and stay calm. Your personal injury attorney will step in if any question is inappropriate or misleading.

What Happens After a Deposition?

Once the deposition is complete, the court reporter prepares a written transcript. Both sides review it for accuracy, and your attorney will evaluate how the testimony may affect your case.

From there, your lawyer may:

  • Use your testimony to strengthen settlement negotiations
  • File motions based on what was revealed
  • Prepare for trial using key statements from witnesses or defendants

In many cases, strong deposition testimony helps push the insurance company to offer a fair settlement, sparing you the stress of going to court.

How Fielding Law Protects Your Rights

At Fielding Law Auto Accident Attorneys, we handle the deposition process with precision and care. Whether you’re pursuing a claim for a truck accidentdog bite, or medical malpractice injury, we know how to prepare you, protect you, and position your testimony to maximize your recovery.

We manage every aspect of your case, from evidence gathering to negotiations, so you never face these challenges alone.

Contact Fielding Law for Guidance and Support

Depositions can feel overwhelming, but with the right attorney, they become an opportunity to strengthen your case and move closer to justice.

If you’ve been injured in an accident and are navigating a deposition or lawsuit, contact Fielding Law Auto Accident Attorneys for experienced representation in Texas and Utah. We’ll explain what to expect, prepare you for every step, and fight for the compensation you deserve.

Texas Offices:

  • Mesquite: 18601 Lyndon B Johnson Freeway Suite 315, Mesquite, TX 75150
  • Heath: 4232 Ridge Rd #104, Heath, TX 75032
  • Richardson: 2221 Lakeside Blvd, Suite 1600, Richardson, TX 75082

Utah Office:

  • Taylorsville: 4179 South Riverboat Road, Ste 150, Taylorsville, UT 84123

Call Fielding Law today for a free consultation, because it’s not about us. It’s about you.

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Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.