Accident Claim Lawyers
LegalUpdated September 2026

Depositions in injury lawsuits

In plain English: a deposition is an interview under oath, held outside court, where the other side's lawyer asks you questions about the accident and your injuries. A court reporter records every word, and sometimes it is filmed. It is part of the discovery stage of a lawsuit.

Where depositions happen

Depositions are a standard part of US litigation. Canada has a similar process, usually called an examination for discovery, for example in Ontario. England, Wales and Scotland generally don't use pre-trial oral questioning in personal injury cases. Evidence is exchanged in written witness statements, and you're questioned in person only if the case reaches trial.

What the other side is trying to learn

  • Your version of the accident, in detail, to compare with other evidence.
  • Your medical history, including earlier injuries and conditions.
  • What you can and can't do now, and how that has changed.
  • Your work history and income.
  • How credible and likeable you'd be in front of a jury.

That last point matters. Defence lawyers use depositions to decide how much a case is worth. A calm, consistent, honest witness often pushes settlement value up.

What the day looks like

Most depositions take place in a lawyer's office or by video. Your lawyer sits with you. The defence lawyer asks questions; your lawyer may object to some, but in many cases you still have to answer. It can take a couple of hours or most of a day. Breaks are allowed, though usually not while a question is waiting for an answer.

How to handle the questions

  1. Listen to the whole question and pause before answering.
  2. Answer only what was asked. Don't volunteer extra detail.
  3. Don't guess. "I don't know" or "I don't remember" are acceptable answers if they're true.
  4. Be honest about earlier injuries. They'll likely have your records already.
  5. Describe limits specifically. "I can walk for about 20 minutes, then my hip aches" is better than "I can't walk".
  6. Ask for a question to be repeated if it's confusing.
The transcript follows you

Your answers can be read back at trial. If you later say something different, the defence will point to the transcript. You'll usually get the chance to review it and correct transcription errors, so do that carefully.

Example

Asked whether you'd ever hurt your back before, you say no, forgetting a physio visit six years ago. The defence produces the record. A simple "I had a few physio sessions years ago, but it cleared up" would have avoided the damage.

Next: discovery · surveillance evidence · attorney-client privilege.

Related terms

DiscoveryDiscovery is the stage of a lawsuit where each side has to hand over relevant information, documents and testimony, so both know the evidence before trial.Duty of CareA duty of care is a legal obligation to take reasonable care to avoid injuring other people.Expert WitnessAn expert witness is someone with specialist knowledge, such as a surgeon, engineer or economist, who gives an opinion on a question a judge or jury couldn't answer alone.FaultFault is legal responsibility for causing an accident.

General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer