If you have filed a personal injury lawsuit, one of the most important steps in the litigation process is the deposition. For many injury victims, the idea of being questioned under oath can feel intimidating or unfair — but it is a standard part of nearly every case, and understanding how it works can make the experience much less stressful.
This guide explains what a deposition is, why it happens, how to prepare, and what types of questions you can expect. Knowing what’s ahead helps you feel confident, credible, and ready to advocate for yourself.
What Is a Deposition?
A deposition is a question-and-answer session given under oath, where the opposing attorney has the opportunity to ask you questions about your background, the incident, your injuries, and how those injuries have affected your life.
Depositions are not optional. Once a lawsuit is filed, both sides are entitled to gather evidence, and depositions are a fundamental part of that process. For injury cases, the plaintiff (the injured person) is almost always deposed.
Although it can feel like you are being “picked on,” the reality is that every injured plaintiff in litigation gives a deposition. It does not mean your case is unusual or that you are being singled out — it simply means your lawsuit is moving forward as expected.
How Depositions Are Conducted Today
Since COVID-19, it has become increasingly common for depositions to occur over Zoom or other video platforms, though many still take place in person. Regardless of the format, the purpose and procedure remain the same.
If your deposition takes place by video, you may still choose to sit in your attorney’s office during the process so you have support, legal guidance, and a controlled environment. Whether virtual or in-person, you will be asked questions directly and will answer out loud while under oath.
During the deposition, you can expect to see:
Your attorney (representing you)
The opposing attorney (asking the questions)
A court reporter (transcribing everything verbatim)
Occasionally, objections may be made during questioning. This is normal. In most instances, you will still answer the question after the objection. Your attorney is simply preserving the issue in case it needs to be addressed later in court.
How to Answer Deposition Questions
The best approach to a deposition is to answer questions truthfully, completely, and briefly. This may sound simple, but it matters greatly.
Depositions affect how the opposing side values your case. Insurance defense attorneys are looking for credibility — or the lack of it. Their job is to report back to the insurance company about whether a jury is likely to believe you and whether you present well.
For example, after the deposition, the attorney may write a report such as:
“The plaintiff was likable, credible, and cooperative. A jury will probably respond well.”
This kind of feedback increases the value of your case and makes a favorable resolution more likely.
What you want to avoid is a report that reads like:
“The plaintiff was combative, evasive, or unpleasant. A jury may not like them.”
That kind of feedback can undermine your claim and decrease case value. Your demeanor — not just your answers — matters.
Why Credibility Matters
In personal injury cases, credibility is currency. Insurance companies frequently attempt to apply stereotypes about injury victims, such as exaggerating pain, being dishonest, or attempting to blame others. The deposition is their chance to test those assumptions.
That is why it is important to:
Tell the truth
Answer only the question asked
Avoid volunteering unnecessary information
Stay calm and respectful
Avoid arguing with the attorney
Being honest and straightforward makes you harder to attack and easier to believe. It also signals that you have nothing to hide, which helps the case.
What Types of Questions Will Be Asked?
Every deposition is different, but in personal injury litigation the questioning usually falls into four main categories.
1. Background Questions
These questions give the opposing attorney context about who you are. Topics may include:
Where you grew up
Your education and training
Work history
Legal history (prior lawsuits, claims, or injuries)
Medical history (especially prior injuries to the same body part)
If you had a pre-existing condition that was aggravated by the accident, it will likely be discussed. This does not harm your case — pre-existing conditions are common in injury law — but honesty is essential.
2. Questions About the Incident
Next, the attorney will ask about the accident or event that caused your injury. Whether it was a car crash, slip-and-fall, dog bite, or other incident, you will be asked to describe:
What happened
Where it happened
Who was present
What you experienced or observed
What happened immediately after
Whether you reported the incident
These questions help establish causation — how the event led to your injury.
3. Questions About Treatment and Injuries
This section covers your medical care after the incident, including:
Doctors you saw
Treatments you received
Testing (MRI, CT scan, X-ray, etc.)
Referrals
Medications
Pain levels
You are not expected to remember exact dates, dosage amounts, or technical terminology. General information about what you experienced and why you sought treatment is enough.
4. General Damages and Life Impact
Finally, the attorney will ask about how the injury has affected your daily life. These questions relate to what the law calls general damages, which include:
Pain and suffering
Limitations on activities
Impact on work
Impact on hobbies and social life
Emotional or psychological effects
Your attorney may encourage you to think of specific examples, or “vignettes,” that illustrate how your injury changed your life. These concrete examples help juries and adjusters understand the human impact of the injury.
Preparing for Your Deposition
Before your deposition, your attorney will meet with you to review what to expect. Preparation is not about scripting answers — it is about helping you understand the process so you can respond comfortably and truthfully.
The goal is not to “win” the deposition. The goal is to present yourself as a credible, honest, and reasonable person whose story deserves to be heard.
Depositions and McMullin Injury Law
Depositions are a standard and important part of personal injury litigation. McMullin Injury Law helps injury victims realize that the process, while sometimes daunting, becomes straightforward once they understand what will happen and why.
When handled properly, a deposition can strengthen a case, increase settlement value, and demonstrate credibility to the other side. With the right preparation and guidance from a Personal Injury Law firm, you can approach your deposition with confidence and clarity.