Common Questions / The Process
What happens at my deposition, and how should I prepare?
A deposition is sworn testimony taken by the defense lawyer before trial, in a conference room instead of a courtroom, recorded word for word. It carries the same weight as trial testimony, exists mostly to lock you into answers, and is won by preparation and discipline, not performance.
What it is and who is in the room
Discovery in a lawsuit lets each side question the other under oath before trial, and your deposition is the defense lawyer's turn with you. Present are the defense lawyer asking questions, your lawyer defending, a court reporter transcribing every word, sometimes a videographer, and occasionally an insurance representative. There is no judge and no jury, which makes the room feel casual. It is not. You are sworn, the transcript is permanent, and portions of it may be read to a jury a year later with your credibility riding on whether your answers match.
What the defense is actually doing
The questions sound like curiosity: your background, your day, the crash, your treatment, your life since. Underneath, the defense is pursuing three things: locking you into a version of events you can never adjust, hunting for inconsistencies against your medical records, the crash report, and any recorded statement, and measuring you, because their report to the carrier grades how you will present to a jury, and that grade moves settlement value. A calm, honest, disciplined witness raises the number. An exaggerator, a guesser, or a volunteer lowers it.
The rules that protect you
Listen to the entire question. Answer only the question asked, then stop; silence is not your problem to fill, and volunteering is how good cases grow bad facts. Never guess or estimate speeds, distances, and times unless you truly know; I do not recall and I do not know are complete, honest answers. If a question is confusing, say so and make them rephrase. Take breaks when you need them. Tell the truth without varnish, including about prior injuries and claims, because the defense already has those records, and the cover-up, not the history, is what kills cases.
Preparation is the whole game
No client of this firm walks into a deposition cold. Preparation means reviewing your records and prior statements so your memory and the paper agree, rehearsing the traps, downplayed symptoms, absolute words like never and always, the friendly question with the hook in it, and knowing the handful of facts your case turns on. A deposition cannot usually win your case, but it can lose it in an afternoon. Prepared, it becomes what it should be: the day the defense learns you will make an excellent witness at trial, and prices the file accordingly.
Injured in Arizona? Some rules on this page are Texas-specific. Arizona differs on points that change outcomes, including pure comparative fault and government-claim deadlines. See our Arizona answers or call (888) 508-6967.
Related: How Long Will My Case Take? · Will My Case Go to Trial? · Submit Your Case · All Common Questions
This page is general information about Texas law, not legal advice about your specific situation. Deadlines and outcomes depend on facts; talk to a lawyer about yours.
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