How To Answer Questions In A Deposition

A personal injury deposition can feel pretty nerve-racking. You’re sitting in a room answering questions under oath, and you may worry that one wrong answer could hurt your case. 

There is no need to panic.

You don’t need to have perfect answers or know exactly what the other attorney will ask.

Tell the truth, listen carefully, and answer the question that was actually asked. You don’t need to give long speeches or try to make your case sound better.

In this post, we’ll give you some tips for answering questions in deposition and avoiding common mistakes.

#1 Listen To The Entire Question

This sounds obvious, but it matters. 

Let the attorney finish the question before you start talking.

Sometimes people hear the first few words and immediately think they know where the question is going. That can lead to an answer that doesn’t actually address the question.

Take a moment. Listen to the full question. Then answer it.

If you don’t understand something, you can simply say that you don’t understand. You can also ask the attorney to repeat or rephrase the question.

There is no prize for answering first.

Also Read: Tricky Deposition Questions

#2 Answer Only What Was Asked

One of the biggest mistakes people make during depositions is giving too much information.

For example, if the attorney asks, “Were you working on the day of the accident?” a simple “Yes” may be enough.

You don’t need to immediately explain your entire work schedule, what happened at work, or what you had planned that evening.

Keep your answer focused. Give the information requested and stop there.

This can feel strange at first. In normal conversation, we tend to add details. A deposition is different.

#3 Take Your Time

You don’t have to rush through your answers.

It’s perfectly fine to pause for a few seconds and think. This can help you avoid careless mistakes.

Listen to the question. Think about what you remember. Then answer.

If a question asks for a specific date and you need a moment to remember it, take that moment. If you still can’t remember, say so.

A short pause is much better than giving an answer you aren’t confident about.

#4 Don’t Guess

If you don’t know something, don’t make up an answer.

This is especially important with details such as dates, times, distances, speeds, or how long something lasted.

You might feel pressure to give an answer. Resist that urge.

You can say:

• “I don’t know.”
• “I don’t remember.”
• “I’m not sure.”
• “I would have to check the records.”

Of course, only use these responses when they are truthful. The point isn’t to avoid questions. It’s to avoid guessing.

Also Read: Are Depositions Public Record?

#5 Be Consistent With Your Records

Your deposition answers may be compared with information already in your case. This can include medical records, accident reports, photographs, employment records, and previous statements.

That doesn’t mean you need to memorize every document.

However, it’s a good idea to review important information with your attorney before the deposition. This can help refresh your memory.

If you don’t remember something during the deposition, don’t invent an answer just because you think you should know it.

Memory can change over time. Simply explain what you genuinely remember.

#6 Don’t Exaggerate Your Injuries

Be honest about your injuries.

If you are experiencing pain, explain it accurately. If your condition has improved, say that too. Your attorney isn’t asking you to make your injuries sound worse than they are.

You may be asked about things like walking, driving, sleeping, working, exercising, or doing household chores.

Give honest answers.

For example, if you can still walk but cannot walk for long periods without pain, explain that. Don’t claim that you cannot walk at all if that’s not true.

Honesty makes your answers more credible.

Also Read: What To Wear To A Deposition

#7 Be Careful With Absolute Words

Words such as “always,” “never,” “every,” and “nothing” can cause trouble.

Think about a question like, “Have you never experienced back pain before this accident?”

If you have experienced even one episode of back pain years earlier, “never” may not be accurate.

Instead, focus on what you actually remember.

This doesn’t mean you should overthink every sentence. Just be careful about making statements that leave no room for exceptions.

#8 Don’t Argue With The Attorney

A deposition can become frustrating. The attorney may ask the same question several ways. Some questions may feel uncomfortable or unfair.

Try not to take the bait.

Stay calm and answer truthfully. 

Your attorney is there to handle legal objections and concerns. You don’t need to win an argument with the opposing attorney. In fact, arguing can make the situation more stressful for you.

If you believe something is incorrect, explain your answer calmly. Then let your lawyer handle the legal side of things.

Tips For Staying Calm During A Deposition

Feeling nervous before a deposition is completely understandable. You’re dealing with an important legal matter, after all.

A little preparation can make the experience much easier. Before the deposition, talk with your personal injury attorney about the types of questions you may receive. Go over the basic facts of your accident and your treatment history.

During the deposition, focus on one question at a time.

Here are some tips:

• Take a slow breath before answering difficult questions.
• Pause and think instead of rushing.
• Ask for clarification when a question is confusing.
• Keep your answers calm, honest, and focused.
• Remember that you don’t need to fill every silence.

Most importantly, don’t try to memorize a script. Your answers should come from your own memory and experience.

Bottom Line

To answer questions in a deposition, you must listen carefully, tell the absolute truth, and keep your answers as short as possible.

Be accurate about your injuries and careful with statements that use words like “always” or “never.” You don’t need to impress the opposing attorney. You simply need to provide honest answers based on what you know and remember.

Before your deposition, spend some time preparing with your personal injury lawyer. 

A little preparation can go a long way toward making the process feel less intimidating.