How Should You Prepare for Your Discovery Deposition?

If you’re a plaintiff in a personal injury case, getting ready for a discovery deposition can be nerve-wracking. This formal session, where the opposing attorney asks you about the accident, your injuries, and the impact on your life, is a critical part of the legal process. Your responses will be under oath and recorded, making it vital to be well-prepared.

Preparing for your deposition may seem intimidating, but it’s also an opportunity to share your story clearly and confidently. Every answer you give becomes part of the official record and can play a significant role in the outcome of your case, influencing settlement negotiations or trial strategy. With careful preparation and a solid understanding of what to expect, you can approach this important moment feeling ready, calm, and equipped.

At John J. Malm & Associates, our top-rated Naperville personal injury attorneys guide clients through each stage of this process to ensure they’re fully prepared. Let’s dive into how you can prepare for a successful deposition and what you can expect.

What is a Discovery Deposition?

A discovery deposition is a part of the pre-trial process, allowing both sides to learn more about each other’s cases. The deposition is a question-and-answer session where the defense attorney will ask you about the incident, your injuries, and how the accident has affected your life. Your responses are given under oath, and the entire deposition is recorded, with a court reporter present. Later, this testimony can be used in court if necessary, so being prepared is critical.

Why Your Deposition Matters

Your deposition testimony provides the defense with an understanding of your version of events, the extent of your injuries, and the impact the injury has had on your daily life. Your responses can influence the defense’s settlement offer or approach at trial. If you’re well-prepared, you’ll convey your story clearly, strengthen your case, and help prevent any misunderstandings or inconsistencies that the defense might use to weaken your credibility.

“We understand that depositions can feel intimidating, but we believe preparation makes all the difference. When clients feel ready and informed, they can approach this important step confidently, giving testimony that is clear, credible, and helpful to their case,” – Naperville car accident lawyer, John J. Malm.

Preparing for Your Discovery Deposition: 10 Key Tips

1. Review the Facts of Your Case: Before your deposition, refresh your memory on the details of the incident, your injuries, and your recovery. This includes understanding:
   • Accident details: Time, place, weather conditions, and events leading up to the accident.
   • Injuries: Specific injuries you sustained, treatments, and any pain or limitations that persist.
   • Impact on your life: Be prepared to discuss how the injury has affected your day-to-day activities, job, and hobbies. Reviewing the details with your attorney beforehand can help you feel confident in your responses.
2. Work with Your Attorney: Your attorney plays a crucial role in preparing you for the deposition. They’ll walk you through potential questions, explain legal terms, and help you understand what’s expected. During a pre-deposition meeting, they might conduct a mock deposition, asking questions similar to those you’ll face, which helps familiarize you with the process.
3. Be Honest and Accurate: In a deposition, honesty is essential. Even small exaggerations or inconsistencies can damage your credibility and harm your case. If you don’t know the answer to a question, it’s okay to say, “I don’t recall” or “I’m not sure.” Avoid speculating or guessing.
4. Keep Answers Brief and Direct: Many attorneys advise that you answer only the question being asked without volunteering extra information. By keeping your answers short and to the point, you minimize the risk of saying something that could be misinterpreted or lead to additional questions.
5. Understand the Types of Questions You May Be Asked: Depositions cover a wide range of topics, so it’s helpful to know what kinds of questions to expect. Common questions may include:
   • Background information: Basic personal information, including your education, employment, and family.
   • Details about the accident: A step-by-step recounting of what happened before, during, and after the accident.
   • Injuries and medical treatment: Specifics of your injuries, treatments, and current medical status.
   • Impact on your life: How the injury has affected your daily life, including physical limitations, emotional impacts, and changes to work or hobbies.
6. Avoid Emotional Reactions: Depositions can be challenging, particularly if the opposing attorney asks questions that seem invasive or suggest you’re exaggerating your injury. While it’s natural to feel defensive, it’s best to stay calm and answer in a straightforward manner. Your attorney will be there to protect your interests, so if you’re unsure how to respond to a difficult question, pause and look to your attorney for guidance.
7. Take Your Time: You’re not expected to answer questions immediately. If you need a moment to think about a question, feel free to pause and consider your answer. Taking your time will allow you to answer accurately and avoid making mistakes.
8. Dress Appropriately: Your deposition is a formal event, and dressing professionally can help convey respect for the process and make a good impression on the opposing side. Choose simple, conservative attire, such as a button-down shirt or blouse, and avoid clothing that’s too casual.
9. Prepare for Physical and Emotional Questions: In personal injury cases, questions about your injuries can feel intrusive, especially if you’re asked to describe pain or limitations. Be ready to discuss your injury’s physical and emotional effects, such as:
   • Physical pain and discomfort.
   • Daily limitations or modifications to activities.
   • Emotional or mental health effects, such as anxiety or frustration.
10. Stay Focused Throughout the Deposition: Depositions can sometimes feel repetitive or drawn out, and it’s normal to feel tired or frustrated. Try to stay focused and answer each question with the same level of attentiveness. Remember that every response you give is part of the official record.

Sample Deposition Q & A: Intersection Collision

To give you a better idea of what a deposition might look like, here’s an example of a deposition for an intersection collision where the color of the traffic light is disputed:

Defense Attorney: “Mr. Smith, can you describe what you saw as you approached the intersection on the day of the accident?”

Plaintiff: “I saw the traffic light turn green as I got closer, so I proceeded through the intersection.”

Defense Attorney: “How certain are you that the light was green?”

Plaintiff: “I’m very certain. I remember checking it as I approached.”

Defense Attorney: “Did you see the light change to green, or was it already green when you looked?”

Plaintiff: “I remember seeing it change from red to green as I was slowing down, which is why I accelerated to move through the intersection.”

In a real deposition, the defense attorney may continue asking questions to see if there are any inconsistencies or to confirm details. Your attorney will help you prepare for such questions to ensure your responses are clear and consistent, helping support your version of events in a way that strengthens your case.

Common Mistakes to Avoid in a Deposition

While preparing for your deposition, be aware of some common mistakes:

• Over-explaining: Avoid providing more information than what’s asked. Extra details can sometimes complicate your response or lead to more questions.
• Speculating: If you’re unsure of an answer, don’t guess. It’s perfectly acceptable to say you don’t know or don’t remember.
• Being overly emotional: Depositions can feel invasive, but it’s best to stay calm and avoid showing frustration or anger.
• Not asking for clarification: If you don’t understand a question, ask for it to be rephrased. It’s better to seek clarification than to answer incorrectly.

How John J. Malm & Associates Can Prepare You for Your Deposition

A deposition is an important step in your case, and preparing thoroughly can make all the difference. Remember that your deposition is not about “winning” or convincing the defense attorney of your story. It’s about providing honest, accurate information that accurately portrays your injuries, the accident, and its impact on your life.

At John J. Malm & Associates, we have over 90 years of combined experience representing plaintiffs in personal injury cases, and we’re dedicated to helping you feel prepared and confident in every stage of your case. With offices in Naperville and St. Charles, our Naperville personal injury lawyers provide personalized guidance to each client, preparing them for key moments like depositions to help build a strong case.