What Role Depositions Play in Personal Injury Cases

Picture sitting in a conference room, answering questions under oath while a court reporter records every word. That’s a deposition, and it’s one of the most powerful tools in personal injury litigation. These sworn statements create a permanent record that can make or break a claim.

Most people don’t realize that depositions often determine whether cases settle or go to trial. The vast majority of personal injury cases, approximately 95%, settle before trial, with deposition testimony playing an important role in those negotiations. Insurance companies use these sessions to evaluate credibility and decide case values.

What Happens During a Personal Injury Deposition?

A deposition isn’t just a casual conversation. It’s a formal legal proceeding where attorneys ask questions and witnesses provide sworn answers that carry the same weight as courtroom testimony. Here’s what typically occurs:

The Question and Answer Process

The opposing attorney asks questions about the accident, your injuries, medical treatment, and how the incident has affected your life. Each response becomes part of the official record, and contradicting yourself later can destroy your credibility in front of a jury.

Who Attends the Deposition?

Depositions typically include the witness being questioned, attorneys for both sides, and a court reporter who transcribes everything. Sometimes a videographer records the session. Insurance adjusters may observe, though they can’t ask questions directly.

Recording and Documentation

The court reporter creates a written transcript of every question and answer, which becomes a legal record. Video recordings capture body language and tone, which can influence how juries perceive testimony if the case goes to trial.

Why Are Depositions So Important in Building Your Case?

Depositions directly impact your claim’s outcome. They allow attorneys to assess witness performance and preserve testimony. Strong deposition testimony can positively influence settlement negotiations. Whether you’re dealing with a car accident or another type of injury claim in populated areas like Duluth, GA, understanding this process helps you know what to expect and prepare accordingly.

According to the National Highway Traffic Safety Administration, 39,345 people died in motor vehicle crashes in 2024, making vehicle accidents one of the leading sources of personal injury depositions nationwide. Given the area’s heavy traffic patterns along Highway 120 and I-85, many residents find themselves pursuing injury claims after unexpected accidents. A Duluth personal injury lawyer at Slam Dunk Attorney can help clarify how deposition testimony influences settlement negotiations in your specific situation. These sessions reveal each side’s strength, and under Federal Rule of Civil Procedure 30, depositions are limited to seven hours, making preparation essential.

How Should You Prepare for Your Deposition?

Preparation makes the difference between a successful deposition and one that damages your case. Workplace injury depositions have become increasingly important, particularly as the U.S. Bureau of Labor Statistics reports that private industry employers recorded 2.5 million nonfatal workplace injuries and illnesses in 2024.

According to Peter Jaraysi, a personal injury lawyer, “The biggest mistake I see clients make is treating their deposition like a conversation where they need to convince the other side they’re right. A deposition isn’t about winning an argument, it’s about giving truthful, concise answers that can’t be twisted later at trial.” Consider these actions:

Review all medical records beforehand to refresh your memory about dates, diagnoses, and symptoms.
Practice answering questions with your attorney, focusing on staying calm and providing clear responses.
Listen carefully to each question and pause before answering to ensure you understand.
Admit when you don’t know something rather than guessing, as speculation can be used against you.
Dress professionally and maintain respectful body language, as these factors influence credibility evaluations.

When Can Deposition Testimony Be Used Against You?

Understanding how your deposition can be used protects you from common pitfalls. If you provide different testimony at trial than during your deposition, the opposing attorney will highlight these inconsistencies to attack your credibility. Think of it like building a house: every statement’s a brick, and contradictions create cracks that weaken the structure.

Deposition testimony can also be read aloud in court if you become unavailable to testify due to illness, death, or distance. Additionally, opposing counsel may use your sworn statements to support summary judgment motions, potentially ending your case before it reaches a jury.

For personalized guidance on your deposition preparation, visit Slam Dunk Attorney at 2250 Satellite Blvd, Ste. 120, Duluth, GA 30097, United States, located at 4 minutes drive from Georgia Banking Company and can be reached at (678) 329-9750 to schedule a consultation.

What Common Myths Exist About Depositions?

Many people believe depositions are informal conversations where they can freely explain their side. This misconception causes problems. Depositions are formal legal proceedings governed by strict rules, and every word you say is recorded and can be used in court. The opposing attorney isn’t looking for your perspective but searching for inconsistencies.

Another myth suggests that being talkative helps your case. The opposite is true. Answer only the question asked, nothing more. Volunteering information gives the opposing side ammunition they wouldn’t have discovered otherwise. Brevity protects your interests.