Written by Scott Mansfield, who handles personal injury deposition prep at Mansfield Melancon Injury Lawyers — mmcdlaw.com/about-us/our-team/scott-mansfield/
Somewhere in the middle of your injury claim, you’ll probably get a letter scheduling a personal injury deposition. The word alone makes people nervous. It shouldn’t. A deposition is sworn testimony, given outside a courtroom. The other side’s lawyer asks questions, and a court reporter writes down every word.
What Happens at a Personal Injury Deposition
A personal injury deposition usually starts the same way: you’ll sit at a conference table, usually with your own lawyer beside you. Across the table sits the opposing attorney and a court reporter. There’s no judge in the room. The opposing lawyer asks about the crash, your injuries, and your medical history, and you answer under oath. Expect it to last one to three hours, occasionally longer for complicated cases.
The questions cover ground you’d expect: what happened, what you felt, what treatment you’ve had. They also cover ground people don’t expect, like your work history, prior injuries, or how you spend your weekends. That’s not the opposing lawyer being nosy. They’re looking for anything that could explain your injury as coming from somewhere other than the crash.
Why a Deposition Record Matters Later
A personal injury deposition creates a permanent record. If your trial testimony later differs from what you said at the deposition, even on a small detail, the opposing lawyer will notice. They’ll use that difference against you. That’s why preparing with your own attorney beforehand matters as much as the deposition itself. Understanding what a personal injury attorney actually does at this stage can ease a lot of that nervousness.
How Long Until Your Case Settles After the Deposition
There’s no fixed timeline after a personal injury deposition, and it depends heavily on what came out during testimony. Some cases settle within weeks once both sides see how the testimony would play in front of a jury. Others take months, particularly if the deposition revealed disputes that need more investigation or expert testimony. Every claim moves through Louisiana’s court system a little differently, and the discovery process is governed by the Louisiana Code of Civil Procedure.
Why You Shouldn’t Face a Personal Injury Deposition Alone
Louisiana law doesn’t require a lawyer at your deposition, but skipping one is a real risk. Your attorney can object to improper questions and keep the opposing lawyer from wandering into irrelevant territory. They can also prepare you beforehand for the specific questions likely to come up in your case. Without that preparation, you answer unfamiliar questions for the first time under oath, with no one there to protect you.
Frequently Asked Questions
What questions get asked at a personal injury deposition?
Expect questions about the crash, your injuries, your treatment, and sometimes your work and personal history. The opposing lawyer often looks for anything that could explain your injury as unrelated to the crash.
How long after a deposition does a case typically settle?
It varies. Some cases settle within weeks once both sides have a clearer read on how testimony would play before a jury. Others take months if the deposition raises questions that need more investigation.
Can I bring my own lawyer to a deposition?
Yes, and you should. Your attorney can object to improper questions and prepare you beforehand so you’re not answering unfamiliar questions for the first time under oath.
What happens if I say something wrong at a deposition?
It becomes part of the permanent record and can surface later if your trial testimony differs from it. That’s exactly why preparing with your attorney beforehand matters so much.
Never walk into a personal injury deposition without your own lawyer in the room. Call us before that letter arrives, if you can.