The Importance Of A Deposition In A Personal Injury Case
What Is a Deposition and How Does It Affect Your Personal Injury Case?
In a personal injury case, few stages are more important and more misunderstood than the deposition. At McShane & Brady, we believe in educating our clients every step of the way, so you feel confident, prepared, and supported. Here’s what you need to know about depositions, how they work, and how they can impact the outcome of your case.
What Is a Deposition?
A deposition is a formal, adversarial question-and-answer session conducted under oath, typically during the discovery phase of a lawsuit. It allows both sides to gather sworn testimony outside of the courtroom. A court reporter is present to record everything said, creating an official transcript that may be used later at trial.
You, the plaintiff, may be deposed, as well as the defendant, eyewitnesses, medical professionals, or other relevant parties. The purpose is to clarify the facts of the case, verify past statements, and evaluate the strength and credibility of testimony.
Unlike courtroom proceedings, depositions typically take place in a more informal setting such as:
- An attorney’s office
- A court reporter’s office
- A neutral conference room
Why Depositions Matter in Personal Injury Cases
Depositions are a vital part of the discovery process in personal injury litigation. They serve multiple purposes:
- Clarifying the facts. You may be asked to recount how the accident happened, describe your injuries, and outline your treatment and recovery.
- Evaluating credibility. Opposing counsel will assess your demeanor, consistency, and clarity to determine how believable you may be to a judge or jury.
- Establishing a record. Inconsistent or inaccurate statements may be used later in court to challenge your credibility or weaken your claim.
How McShane & Brady Prepares You for Your Deposition
At McShane & Brady, we don’t leave your testimony to chance. We take a proactive, hands-on approach to ensure you’re fully prepared. Here’s how we support you:
- Thorough Case Review
We examine the facts and legal issues in your case and walk you through the types of questions you’re likely to face. This helps you anticipate tough topics and craft honest, consistent responses.
- Mock Depositions
We conduct practice sessions to simulate the deposition environment. This helps reduce nerves, clarify your answers, and improve your confidence under pressure.
- Ongoing Support
Even in the days leading up to your deposition, we are available to answer questions, clarify concerns, and help you prepare. Once the deposition begins, we will be in the room with you. However, we cannot coach you or advise you while a question is pending.
Best Practices for Your Deposition
What to Do:
- Be concise. Answer the question clearly and to the point.
- Be honest. If you don’t know or remember something, it’s okay to say so.
- Stay calm and professional. Even if questions feel accusatory or misleading, respond respectfully.
- Correct yourself. If you realize you misspoke, inform the court reporter and clarify your answer.
What Not to Do:
- Don’t volunteer extra information. Only answer what is asked.
- Don’t speculate. Avoid guessing if you’re unsure.
- Don’t lose your temper. Anger or sarcasm can harm your credibility.
- Don’t lie. False testimony, even unintentionally, can damage your case and result in legal penalties.
You Don’t Have to Face It Alone
At McShane & Brady, we understand that the legal process can feel overwhelming, especially when you’re already dealing with the pain, stress, and disruption of a personal injury. That is why our attorneys are committed to guiding you through every phase of your case, including your deposition.
From preparation to post-deposition review, we are here to ensure your voice is heard and your case is presented as strongly as possible. If you’ve been injured and are considering legal action, contact us today for a free consultation.
Call McShane & Brady at (816) 888-8010 to schedule a consultation