Depositions: Q&A

General |November 23rd, 2018

By Amy Fontenot

Depositions are a necessary part of litigation. Attorneys participate in them regularly, but for most people who don’t work in the legal industry, a deposition may seem unnecessary or overwhelming. If you are a plaintiff in a personal injury case, you will most likely be asked to give a deposition.

A deposition is simply a question and answer session that allows the other attorneys to meet you, to find out who you are, and to hear about your injuries. The attorney representing the other parties in the law suit, typically the other driver and the insurance company, will take the deposition. During the deposition you are usually asked some background information, to describe the incident (automobile accident, slip and fall…), to describe your injuries (the injuries from the incident being sued upon and any prior injuries or any injuries following the incident), and to discuss which doctors you have seen.

Your attorney will be present with you during the whole deposition and will make sure the other attorneys follow the rules. The length of the deposition varies depending on the type of case, severity of the injuries, and other factors. Please remember to put your best foot forward; your deposition is likely the first time the other attorneys are meeting you. The attorney taking the deposition will use this opportunity to evaluate how you will testify if the matter proceeds to trial. You will have the opportunity to meet with your attorney to prepare before your deposition. Although it is normal to be nervous, we will be there to help you and make the process as easy as possible. If and when your deposition gets scheduled, please feel free to call your attorney or their paralegal and we can answer any questions you have.