A deposition in a personal injury case is a formal interview where someone answers questions under oath before trial. This process, also called giving sworn testimony, helps both sides gather facts and prepare their cases.
A personal injury deposition may involve you, the other party, witnesses, or experts. The questions can cover everything from how the injury happened to how it affects your daily life. If you must give a deposition as part of your injury case, we will help you.
Our Lafayette personal injury lawyer will prepare you for what to expect, and protect your rights. These cases can get complicated, especially when insurance companies and legal procedures are involved. Having a legal team on your side can make all the difference.
Understanding the Role of a Deposition in a Personal Injury Case
A deposition is a key part of something called discovery. That’s the legal process where each side shares information and evidence before a trial. In a deposition, a person answers questions from the other side’s lawyer while a court reporter writes everything down.
It is usually done in an office, not in court. Even though it may feel informal, everything said during a deposition can be used later in court. That’s why it’s important to take it seriously and be fully prepared.
The more you know about what to expect in a deposition, the more confident and prepared you will feel going into it.
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.
ClientWho Can Be Deposed in a Personal Injury Case?
Many people may be asked to give a deposition in a personal injury claim, including:
- You (the injured person): To talk about how you got hurt and how it affects you
- The other party: To explain their side of the story
- Witnesses: People who saw the accident or know key facts
- Doctors or medical experts: To explain your injuries and treatment
- Insurance adjusters or company representatives: In cases involving businesses or insurers
Everyone who is deposed must tell the truth under oath.
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 | ClientWhat Happens During a Deposition?
Here’s a quick overview of how a deposition works:
- You take an oath: Just like in court, you promise to tell the truth.
- You answer questions: The other party’s lawyer asks questions about the accident, your injuries, your background, and more.
- A court reporter records everything: This becomes part of the official case record.
- Your lawyer may object: Your attorney can speak up if they think a question is unfair or too personal.
Depositions can last a few hours or all day, depending on the case. After the deposition, your case may move in several directions—here’s what usually happens next.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow to Prepare for a Deposition
Preparation is one of the most important parts of the deposition process. Here’s how your lawyer can help:
- Practice answering questions: Our lawyer will go over common questions with you and help you stay calm and clear.
- Review your case: We will remind you of key dates, medical treatments, and other facts.
- Stay honest and focused: It’s better to say “I don’t know” than to guess. Never lie.
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.
ClientWhy Depositions Matter in Injury Cases
Depositions serve several purposes:
- They help uncover the facts. Lawyers use depositions to learn what the other side knows.
- They lock in testimony. If someone changes their story later, the deposition can be used to point that out.
- They can lead to settlement. A strong deposition can convince the other side to settle the case before trial.
In some cases, a settlement may happen during or shortly after a deposition, depending on the facts revealed.
What to Avoid Saying in a Deposition
Even honest answers can hurt your case if they are not worded carefully. Here are some tips:
- Avoid guessing. Say “I don’t remember” if you are not sure.
- Don’t volunteer extra information. Answer only what’s asked.
- Stay calm. Don’t argue or get emotional.
Our lawyer will be right there to guide you on what to say and what not to say in a deposition. We will also protect you from unfair questions and help you stay on track.
How a Lawyer Helps With Your Deposition
You don’t have to face a deposition alone. A personal injury lawyer will:
- Prepare you ahead of time
- Sit with you during the deposition
- Object to inappropriate questions
- Make sure your rights are respected
They also use depositions from the other side to help build your case—spotting lies, finding inconsistencies, and gathering key facts.
How Long After a Deposition Until a Case Settles?
There’s no set timeline, but a strong deposition often moves things along faster. If both sides feel confident in the information shared, they might settle the case within weeks or months. Other times, the case moves forward to trial.
Either way, your lawyer will help you decide the best next steps. The time between a deposition and a settlement can vary—here’s how long it may take.
When Is a Deposition Required?
Depositions are common in personal injury cases that involve:
- Serious injuries
- Conflicting stories about what happened
- Big insurance claims
- Many people or companies
Our attorney can tell you if a deposition will be part of your case.
Take Legal Action in Your Injury Case Before Time Runs Out
Louisiana law gives most people two years to file a personal injury case, per CC Art. 3493.1. Waiting too long can hurt your chances of getting the damages you deserve. A deposition may be part of that process, so it’s smart to speak to a lawyer as soon as possible.
Our Louisiana Personal Injury Lawyers Will Help You With a Deposition
Going through a legal case can feel like a lot to take on, especially when an injury causes pain, stress, or lost pay. That’s why at Laborde Earles, our Louisiana Attorneys Who Care treat every client like family from day one.
We bring more than 350 years of combined experience to the table and have recovered over $1 billion for people with injuries and losses in Louisiana. Our team handles all parts of your case, including preparing you for depositions, so you don’t have to face the process alone.
Call today to get started during a free consultation. We are on your side and always ready to help. We can represent you at no upfront cost. You don’t pay us unless we win for you.
