What to Expect at Your Personal Injury Deposition in Texas
In personal injury cases that proceed to litigation, one of the most important steps is often a deposition. A deposition is a sworn, out-of-court testimony where attorneys from both sides ask questions to gather information, clarify facts, and assess the credibility of witnesses. While depositions can technically be written, they are almost always conducted orally, and in the wake of COVID-19, many are now conducted remotely via Zoom or similar platforms, especially in Texas.
During a deposition, several key parties are usually present. This includes the plaintiff (the person bringing the lawsuit), the plaintiff’s attorney, the defense attorney representing the party being sued, and a court reporter or videographer who creates an official transcript of the proceedings. Every statement made during a deposition is made under oath, meaning lying can result in perjury charges. This underscores the seriousness of the process, even though it is conducted outside the courtroom.
Depositions generally begin with background questions. The defense attorney may ask about your personal life, education, work history, and other details to better understand who you are and evaluate how you might appear as a witness in court. They may also attempt to see if they can unsettle you, test your credibility, or identify inconsistencies in your statements. Following these general questions, the focus shifts to the details of the incident. You will be asked to describe what happened during the accident, the circumstances surrounding it, and any actions you took before, during, and after the event.
The questioning then usually moves to your injuries and medical treatment. The defense may attempt to minimize the severity of your injuries, question your recollection of medical care, or suggest that your actions contributed to your damages. This is why having an experienced attorney present is critical—they can object to improper questions, and ensure your rights are fully protected. Your attorney can also prepare you in advance so you know what to expect, helping reduce stress and prevent mistakes during questioning.
Depositions can vary in length depending on the complexity of the case. A typical deposition in a standard car accident case may last between 45 minutes and an hour, but more complicated cases with multiple injuries or extensive evidence can take several hours or even multiple sessions. Breaks are generally allowed, and the process is intended to be thorough rather than punitive.
Although depositions may seem intimidating, they are a normal and necessary part of the litigation process. They provide a clear record of testimony, help attorneys assess the strengths and weaknesses of a case, and can play a critical role in settlement negotiations or trial preparation. With proper preparation and a skilled attorney by your side, depositions can proceed smoothly, helping ensure that your case is presented accurately and that your rights and potential recovery are fully protected.
