Most people do not fully understand what happens in a deposition before experiencing one. While you may have seen one portrayed on a TV show, the reality of this proceeding can be intimidating and is often misunderstood by those who are not involved in the legal field.

If you were injured and you plan to file a claim to recover your damages, keep reading. Our well-versed attorneys explain the basics of this formal, discovery-phase process for your understanding.

What Is the Goal of a Deposition in a Personal Injury Lawsuit?

A personal injury deposition is a formal proceeding that is conducted out-of-court, often at your own attorney’s office. During this interview, counsel for both parties question the individuals under oath about their accident, injuries, and background. The proceeding is documented by a court reporter, resulting in a legally binding, accurate, and written record of all testimony. The answers provided in the deposition must be truthful, or the individual will likely face legal consequences, including perjury under A.R.S. § 13-2702.

What Is the Sequence of Events in a Deposition?

While the process of a personal injury deposition may vary, based on the case complexity and other factors, there are some common procedural steps. First, the court reporter always administers the oath and swears in the witness. Next, the opposing attorney will ask a number of questions and request in-depth explanations. While the claimant’s attorney may object to improper questioning, they should be prepared to provide answers to inquiries about:

• Contact information, education, employment history, and previous lawsuits or injuries, if any.
• Accident details, including what happened, where, and when.
• Injuries, medical treatments, doctor visits, prescriptions, and pain levels.
• Impact of the injury on the party post-accident, such as lost wages, property damage, ability to work, and daily life.

Your attorney will be by your side through each step.

How Is Testimony from a Personal Injury Deposition Used?

Depositions are extremely common in Arizona personal injury cases during the discovery phase, occurring in over 90 percent of cases where a lawsuit is filed. While the process is not mandatory to reach a fair and just settlement, state law allows for depositions from five to more than 30 hours.

Depending on case complexity, opposing counsel will seek to clarify a plaintiff’s injuries by asking specific questions about the accident and how it has affected their daily life. If a witness’s trial testimony differs from their given statement at the deposition, the transcript is used to point out those contradictions. This interview is also effective for determining the extent of the injured person’s economic and non-economic damages.

Bring Us Your Questions About What Happens During a Personal Injury Claim

Now that you are more familiar with what happens during a personal injury deposition, it is time to reach out to the skilled attorneys at Phillips Law Group for additional guidance. Whether you were hurt in a car crash on I-17 or you slipped and fell while grocery shopping, we are here to lead you through the process with professionalism and understanding.

Set up a time for your free, no-obligation consultation with a compassionate team member now. We have served the Valley and surrounding communities for more than 30 years, so you know you can count on us to be here for you.