You can prepare for a deposition in a personal injury case by learning what to expect, reviewing the facts of your accident, and working with a lawyer who can guide you through an important part of the legal process.
A well-prepared deposition can make a difference in the outcome of your case. Our Lafayette personal injury lawyer prepares clients for deposition, helping them with giving sworn testimony.
If you would like help with a deposition, you can contact us for a free consultation today.
What Is a Deposition?
A deposition is a formal meeting where you give sworn testimony about your accident, injuries, and how the incident has affected your life. It’s part of the discovery process in a lawsuit, which means both sides are gathering facts before trial. A lawyer for the other side will ask you questions, and everything you say is recorded.
This is not the same as being in court, but your words can still be used later. That’s why it’s so important to know how to prepare and respond carefully.
You do need a lawyer at your deposition. An attorney protects your rights, helps you stay focused, and steps in if inappropriate questions are asked.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhy Depositions Matter in a Personal Injury Case
Depositions give the other side a chance to hear your story directly. They help others:
- Understand your version of what happened
- See how you might come across if the case goes to trial
- Look for details that support or weaken your case
Your answers could influence settlement talks or trial strategies. That’s why it’s smart to go in prepared.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientHow to Get Ready for a Deposition
Being ready helps you stay calm and focused. Here are the most important steps:
Meet With Your Lawyer First
We will help you practice answering questions, explain what the other side might ask, and talk through the facts of your case. We will also go over your medical records, timeline, and anything that might come up during the deposition.
Review the Details of Your Accident
Before your deposition, take time to remember:
- Where and how the accident happened
- What you saw, heard, and felt
- What injuries you had and how they have affected you
Stick to what you know, and don’t guess. If you don’t remember something, it is OK to say so.
Stay Honest and Clear
Tell the truth. Depositions are given under oath, which means lying could hurt your case or even lead to legal trouble. Speak slowly and clearly, and don’t be afraid to pause and think before answering.
Keep Your Answers Short
Most of the time, it is best to keep your answers simple. “Yes,” “No,” or “I don’t remember” are fine when true. Don’t feel the need to explain everything unless asked.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat Questions Do Lawyers Usually Ask During a Deposition?
You may be asked about:
- Your background (job, education, health history, etc.)
- How the accident happened
- Your medical treatment and recovery
- How your life has changed since the injury
- Any past injuries or claims
An attorney on our team will help you prepare for common questions and anything specific to your case. Usually, you cannot bring notes to a deposition. You can review documents ahead of time, but you shouldn‘t rely on written notes during testimony.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientWhat to Avoid When Giving Sworn Testimony in a Deposition
There are a few things you should avoid when giving a deposition:
- Don’t guess or make up answers.
- Don’t volunteer extra information.
- Don’t argue or get emotional.
- Don’t speak in absolutes like “always” or “never” unless it’s accurate.
It’s OK if you get nervous or forget something when giving sworn testimony. You can always say, “I don’t remember” or ask to rephrase the question. For more tips, check out what you should not say in a deposition.
Can a Deposition Lead to a Settlement?
Yes, it can. Once both sides hear your story and review the evidence, they might decide to resolve the case without going to trial. In fact, it’s not uncommon for a settlement to be made at a deposition if the facts are clear and both parties are open to an agreement.
If you’re wondering about the timing, this can vary. How long it takes to get a settlement after a deposition depends on how the case moves forward, whether further negotiations are needed, or if more legal steps must be taken.
How Long Does a Deposition Take, and What Happens Afterward?
Most depositions last a few hours, but some can go longer. You may be given breaks, and your lawyer will be there the whole time. Don’t be afraid to ask for water or a short break if you need it.
After your deposition, the lawyers will review the transcript and use it to build their cases. In some cases, this may push both sides toward a settlement. In others, the case may move toward trial.
Why Time Matters When It Comes to Injury Laws in Louisiana
In Louisiana, you generally have two years from the date of your injury to file a personal injury lawsuit, according to CC Art. 3493.1. That might sound like plenty of time, but it’s important to act quickly.
The sooner you get started, the more time your lawyer has to gather evidence, speak to witnesses, and build a strong case on your behalf.
Need to Prepare for a Deposition in an Injury Case? Call Us
At Laborde Earles, our team has over 350 years of combined personal injury experience. We’ve helped Louisiana families for over 30 years, recovering over $1 billion in verdicts and settlements.
We will answer your questions as you prepare for your deposition. We’re the Louisiana Attorneys Who Care, and we’re on your side. You pay nothing unless we win. Call now for a free consultation.
