When personal injury cases move toward trial, the word “deposition” starts being used. Without any prior experience with lawsuits, a person usually only has a vague idea of what a deposition is.
You likely know it involves answering questions. But how is that different than testifying? While they both involve questions and answers, depositions and testifying have very different purposes.
A deposition is an interview where you answer questions from your lawyer as well as the opposing side’s attorney. You only answer questions, you are not allowed to ask them.
During a deposition, attorneys can make all sorts of inquiries, even when they seem unrelated. Your attorney can object, but you still must answer. There is no judge to decide if the question is too broad or unrelated to the case.
Think of it as a fact-finding mission, especially since depositions take place during the discovery phase of a lawsuit. They don’t happen during the trial itself, and not in a courtroom. Instead, depositions are often held at one of the attorney’s offices.
There are two main reasons to take depositions. First, both sides want to learn as much as they can about what happened and why. In a personal injury case for instance, this means gathering information about what happened before, during, and after the accident. The deposition is an opportunity to learn the facts – good and bad – to prepare for trial.
Second, a deposition preserves the parties’ version of events. That’s why depositions are part of the official record and either transcribed by a court reporter or recorded. Such documentation ensures the answers of those involved can be compared to what was said previously if they testify in court. This demonstrates consistency or indicates when someone has altered their account.
At first glance, depositions and courtroom testimony may seem similar—both involve answering questions under oath. But they take place in different settings and serve different purposes within a personal injury case.
A deposition usually takes place in a law office, not a courtroom. It’s part of the pre-trial discovery process, where each side gathers information and builds their case. Your lawyer will prepare you for the deposition by reviewing typical topics and questions the opposing attorney is likely to ask. However, you might still face unexpected questions during the session.
Testifying in court occurs during trial proceedings in front of a judge and possibly a jury. By this stage, your attorney will have already reviewed the questions they plan to ask you on the stand. Although the opposing counsel can still challenge you, you’ll be well-prepared for their style and approach—even if the exact questions are unknown.
Depositions are typically broader in scope and are designed to uncover as much relevant information as possible. You must answer most questions, even tough or uncomfortable ones, unless your attorney objects based on legal grounds.
In contrast, courtroom testimony is more limited in scope, and your attorney has the ability to raise objections in real time. If a question is inappropriate, the judge will decide whether you must respond. Trials are more focused and less exploratory than depositions.
You don’t have to walk into a deposition unprepared or alone. An experienced personal injury lawyer can be your best asset in helping you face this part of the legal process with confidence.
At Staver Accident Injury Lawyers, P.C., we help our clients understand:
We know depositions can be stressful. Our team ensures you’re not blindsided by unfamiliar questions or tactics. With the right preparation, you’ll be able to stay focused and present your side of the story effectively.
Want help choosing the right attorney for your case? Read our guide on finding the right auto accident lawyer.
The process of bringing a personal injury lawsuit can be complex and involves a lot of prep work. This includes investigating the facts, gathering documents, and taking depositions before a trial can even take place. And while depositions and testimony each have a purpose in a lawsuit, they are not always required and participating in a deposition does not always mean the case will go to trial.
Most personal injury cases are resolved without going to court through a negotiated settlement. Settlements can happen any time, including before or after a lawsuit is filed. Sometimes merely taking depositions makes it clear that a settlement is appropriate. In other cases, going to court may offer an advantage.
Since cases progress based on the unique factors involved, it’s always wise to consult a lawyer about what’s in your best interests. For help with a personal injury claim, contact the Chicago personal injury attorneys of Staver Accident Injury Lawyers, P.C. today at (312) 236-2900 or through our online contact form for a free, no-obligation consultation.
When you’re fighting for maximum compensation, we know what it takes to get it.
