A deposition is one of the more important stages of a personal injury lawsuit, but it is not a trial. You will answer questions under oath while a court reporter creates a written record of your testimony. If you are wondering what to expect at a personal injury deposition, the most useful thing to know is that preparation is about understanding the process, not memorizing a script.
In a Bakersfield car accident case, the defense may ask about the collision, your injuries, your employment, and how the injury has affected your daily activities. Knowing what happens at a personal injury deposition helps you approach the questioning with a clear understanding of your role.
Key Takeaways
- A deposition is a formal question-and-answer proceeding conducted under oath.
- Defense attorneys typically ask about the accident, injuries, employment, prior claims, and daily activities.
- An attorney prepares the client before the deposition and attends the proceeding.
- California generally limits a deposition to seven hours of total testimony.
- Deposition testimony becomes part of the case record and can be compared with other evidence at trial.
What Happens at Personal Injury Deposition?
When we prepare a client for a deposition, we focus on accuracy, clarity, and careful listening rather than rehearsed answers, and we walk you through the questions you are likely to face. Generally, here is what to expect:
You Will Be Sworn In
Before questioning begins, you will be placed under oath and required to promise that your testimony will be truthful. Although the deposition does not happen in a courtroom, your answers carry the same legal weight. A court reporter records the questions and your responses, creating a written transcript.
You Will Answer Background Questions
The defense attorney may begin with basic questions about your name, address, employment, education, and other personal background. The car accident deposition tips that matter most are the ones we go over with you in advance: answer only the question asked, ask for clarification when a question is unclear, and take a moment before responding.
You Will Describe How the Accident Happened and Injuries
The questioning will usually move to the accident or event that caused your injuries. In a car accident case, questions may cover traffic conditions, vehicle movements, road conditions, and your actions before the collision.
The defense attorney will also ask what injuries you suffered, how your daily activities have changed, and whether those effects have continued.
The Attorney May Ask About Your Work and Lost Income
If you are seeking damages for lost wages or reduced earning ability, questions about your employment may become an important part of the deposition. You may be asked about your job duties, time missed from work, and income you lost because of the injury. We work through this ground with you beforehand so the answers draw a clear line between time actually missed and limitations that continue.
Your Attorney May Object to Questions
Your attorney may object when the opposing lawyer asks a question that raises a legal or procedural issue, a process governed by Code of Civil Procedure Section 2025.460. An objection does not necessarily mean you should refuse to answer. In many situations you will still respond, and if you are uncertain after an objection, pause and let your attorney guide you.
What Happens After the Deposition?
A deposition is one part of the lawsuit, not the conclusion. Understanding what comes next after your deposition is complete can make the process less uncertain.
Following the deposition, the court reporter prepares a transcript of the testimony. Under Code of Civil Procedure Section 2025.520, you generally have 30 days from the notice that the transcript is ready to review it and make changes, and that right covers the substance of an answer, not only transcription errors.
Your attorney can then assess how your testimony fits with the rest of the evidence, and the defense will evaluate it as well. If your case involves disputed liability, meaning legal responsibility for the crash, or the extent of your injuries, the deposition may affect how the defense views the claim and whether settlement discussions change.
The case may move toward additional discovery, which is the formal exchange of evidence between the parties. Other cases move toward settlement negotiations, mediation, which is a settlement conference led by a neutral third party, or trial preparation.
How Often Do Bakersfield Car Accident Cases Actually Go to Trial?
No single percentage predicts whether a particular Bakersfield car accident case will reach trial. Cases may settle because both sides eventually agree on liability and damages. Others stay disputed over who caused the crash, the value of the claim, or the available insurance coverage.
How often Bakersfield car accident cases actually go to trial depends on the individual dispute rather than on any general rate, including cases filed in the Kern County Superior Court. A deposition should therefore not be viewed as a prediction that your case will end up in front of a jury. In most cases, serious trial preparation can also put the plaintiff in a better position during settlement discussions.
FAQs: Personal Injury Deposition What to Expect
Can my spouse attend my deposition?
Depositions are generally attended by the parties, their attorneys, the court reporter, and other authorized participants. A spouse can attend only if the opposing side agrees or the court permits it, though a spouse who is a named party to the lawsuit generally has a right to be there.
How long does a personal injury deposition usually take?
California generally limits a deposition to seven hours of total testimony under Code of Civil Procedure Section 2025.290, with exceptions for complex and employment cases. Many personal injury depositions finish well short of that, and your attorney can give you a realistic estimate based on the issues in your case.
Can I say I do not remember something during a deposition?
It is better to say you do not recall or remember something clearly than to give a guess for an answer. Guessing under oath can lead to inaccurate testimony and create inconsistencies that may affect your credibility later.
Will my deposition be used against me at trial?
Your deposition testimony becomes part of the case record and can be used at trial. Consistent, accurate testimony generally works in your favor.
Can I take a break during my deposition?
You can ask for a break at any reasonable point if you need one to stretch, use the restroom, or clear your head. Your attorney can help you understand how to request one.
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Prepare for Your Personal Injury Deposition With Mickey Fine
At the Law Offices of Mickey Fine, attorney Mickey Fine prepares every client for deposition in Bakersfield car accident cases. He brings more than 30 years of legal experience, including years earlier in his career as an insurance defense lawyer and as a volunteer prosecutor, so he knows how the other side builds a deposition record.
Mickey Fine personally handles every case rather than passing it to an associate. We will review the facts, discuss likely questions, and help you understand what to expect when your testimony becomes part of the case record. Call our law firm today at (661) 333-3333 for a free, confidential consultation.