When you have been injured in an accident that was not your fault, you are entitled to compensation for your injuries. Most personal injury claims are resolved without a trial, and many are settled out of court. But if the insurance company does not make a fair settlement offer, you may need to file a lawsuit to protect your rights and obtain the compensation you deserve.

Understanding the personal injury claims process and what happens when you file a lawsuit can help alleviate concerns and reduce stress. Once you file a lawsuit, one of the lawyers will likely request your deposition. The personal injury deposition is an important piece of the legal process that allows each party’s attorney to gather information about the strengths and weaknesses of the opposing side’s case.

While a personal injury deposition may seem overwhelming, knowing what happens at a personal injury deposition can help familiarize you with the process so you feel more comfortable. When you work with Muth Law, P.C., our attorneys will be with you every step of the way, providing valuable legal advice and guidance to help you avoid saying something that could damage your case while maximizing your financial recovery.

What Is a Personal Injury Deposition?

Depositions are used to gather information from individuals who have knowledge about an aspect of the case. A deposition is a formal statement made under oath as part of the information-gathering process that allows the attorneys and claims adjusters to learn about the case. A court reporter records the attorneys’ questions and the witness's statements, which become part of the narrative of the case.

What Is the Purpose of a Personal Injury Deposition?

The goals of a personal injury deposition include gathering information, assessing the witness’s credibility and how they might present their statement in court, and understanding the witness’s version of the events that are the subject of the lawsuit.

Lawyers use the personal injury deposition to learn about important details, evaluate the strengths and weaknesses of a case, and potentially pave the way for fruitful settlement negotiations. In certain circumstances, statements made in a personal injury deposition can be presented in court if the case goes to trial.

What Happens in a Deposition in a Personal Injury Case?

A personal injury deposition typically takes place in a conference room, rather than a courtroom. The deposition is attended by the attorneys involved in the case, including your attorney and the attorneys who represent the other parties.

A court reporter will be present and will record everything that is said during the deposition to create a written transcript. This written record can be used as the case progresses, such as for evidence in motions filed with the court and if the case proceeds to trial.

The deposition questions are not meant to trick you. Instead, the process is about telling the truth about what happened. Depositions commonly include breaks for rest, to discuss a matter with your attorney, or to gather your thoughts.

Your lawyer may make objections during the questioning. These objections are typically related to the rules of evidence and procedural rules that apply in your case. Even if your lawyer objects, you will likely need to answer the question unless your attorney instructs you otherwise.

What Are Common Deposition Questions in a Personal Injury Case?

Questions in a personal injury deposition are often about more than just the accident and your injuries. Attorneys might ask questions about:

• Background information, including your name, address, education, work history, and any prior accidents or injuries you experienced.
• How the accident occurred, such as where it happened, where you were going, and what you were doing immediately before the accident.
• Your injuries and how they affected you, including physical injuries, how the accident affected your mental condition, any medical care you received to treat your injuries, and how your injuries have compromised your ability to work and other activities of daily living.

How Should You Prepare for Your Deposition?

A deposition is a serious matter that can play a pivotal role in the outcome of your case. Prepare for your personal injury deposition by meeting with your attorney to discuss the specifics of your case, anticipated questions, and any concerns you may have.

What to Wear

Dress to attend a formal meeting. While a suit is not required, business casual attire is appropriate, and casual clothing should be avoided.

Transportation and Technology

Ensure you have reliable transportation to the deposition and are familiar with the location to avoid getting lost. If your deposition is conducted via video call, test your equipment beforehand, including your internet connection, speakers, and microphone. This will ensure a smooth login and avoid interruptions.

Review the Facts of the Case

Before your deposition, review any written or recorded statements you made about the accident or your injuries to refresh your memory.

Helpful Tips During the Deposition

A deposition is a serious and potentially stressful event. But you can avoid common mistakes by preparing thoroughly and following the advice of our experienced personal injury attorneys.

• Speak truthfully about the facts of the case. Confine your answers to the facts, and avoid guessing or speculating. If you do not know the answer to a question, say so.
• Think carefully about your answers. Take your time to consider every question before deciding how you want to respond.
• Ask the lawyer to clarify the question. If you do not understand the question the lawyer is asking, ask them to repeat the question or to clarify what they are asking.

How the Personal Injury Attorneys at Muth Law Can Help

A personal injury deposition is an important part of your legal case. With proper preparation, you can handle it with confidence and poise. The personal injury attorneys at Muth Law can answer your questions, guide you through the legal process, and work to ensure a successful resolution to your personal injury claim.

Contact Muth Law Today

Muth Law is based in Ann Arbor and represents people who experienced personal injuries in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. Please contact us today to schedule a free, confidential appointment to discuss your matter. Call 734-481-8800 or contact us via e-mail. We look forward to serving you and your family.