A deposition is one of the most important events in a personal injury lawsuit. It is your opportunity to tell your story under oath — and the defense's opportunity to probe for inconsistencies, admissions, and weaknesses in your case.

Preparation is essential. Here is what you need to know.

A deposition is sworn, out-of-court testimony taken before trial. You answer questions under oath, and a court reporter transcribes everything you say. The transcript can be used at trial — to impeach you if your trial testimony differs, or as evidence if you are unavailable.

Depositions in personal injury cases typically last one to several hours, depending on the complexity of the case.

• You (the deponent)
• Your attorney
• The defense attorney (who asks most of the questions)
• A court reporter (who records everything)
• Possibly a videographer (video depositions are common)

The defense attorney's goals in your deposition include:

• Locking in your testimony — getting you to commit to specific facts that can be used at trial
• Finding inconsistencies — between what you say now and what you said in medical records, police reports, or prior statements
• Minimizing your injuries — getting you to describe your condition in ways that suggest less severity
• Establishing comparative fault — getting you to admit to actions that contributed to the accident
• Assessing your credibility — evaluating how you will come across to a jury

Before the deposition, review:

• The police or accident report
• Your medical records and bills
• Prior statements you have made (to police, insurance adjusters, your attorney)
• Your injury journal if you kept one
• Any photographs of the accident scene or your injuries

You should know the basic facts of your case cold — the date, time, location, how the accident happened, and the sequence of your medical treatment.

Your attorney will prepare you for the deposition. This preparation session typically covers:

• The types of questions you will be asked
• How to handle difficult or confusing questions
• What to do if you do not know the answer
• How to handle questions about pre-existing conditions
• What objections your attorney may make

The most important skill in a deposition is answering only what is asked — no more, no less. Practice giving short, direct answers.

You are under oath. Lying in a deposition is perjury — a crime. More practically, inconsistencies between your deposition testimony and other evidence will be used to attack your credibility.

Do not anticipate where the question is going. Wait for the complete question, then answer.

Do not volunteer information. If the question can be answered with "yes," "no," or a short factual statement, stop there. Do not explain, justify, or elaborate unless asked.

If you do not know the answer, say so. If you do not remember, say so. Do not guess. Guessing creates problems when your guess turns out to be wrong.

If a question is confusing, compound, or unclear, ask the attorney to rephrase it. Do not answer a question you do not understand.

A brief pause gives your attorney time to object if necessary. It also gives you time to think before speaking.

The defense attorney may ask questions in a challenging or aggressive way. Stay calm. Do not argue, get defensive, or try to score points. Your job is to answer questions accurately, not to win an argument.

• Tell me what happened in the accident.
• What injuries did you sustain?
• What medical treatment have you received?
• How have your injuries affected your daily life?
• Have you had any prior injuries to the same body areas?
• Are you currently working? If not, why not?
• What activities can you no longer do because of your injuries?

After the deposition, you will have the opportunity to review the transcript and make corrections. Review it carefully — corrections to substantive testimony can be used against you, but correcting transcription errors is appropriate.

Juan Cordero Lawyers prepares clients thoroughly for depositions in personal injury cases throughout Florida, including Car Accident Lawyer Florida, Slip and Fall Lawyer Florida, and Medical Negligence Lawyer Florida claims. If you have questions about the deposition process, call 305.525.8957 for a free consultation — available 24 hours a day, 7 days a week.