Setareh Law
December 2, 2025
A deposition notice arrives in your mailbox weeks into your personal injury case, triggering anxiety about sitting across from opposing counsel and answering questions under oath. A deposition represents a critical phase in California personal injury litigation where attorneys gather sworn testimony to evaluate case strength, develop trial strategies, and explore settlement possibilities. While the formal setting and legal procedures feel intimidating, understanding the deposition process helps you prepare effectively and present your testimony with confidence.
At Setareh Law, we thoroughly prepare clients for depositions by explaining what to expect, conducting practice sessions, and providing strategies for answering questions truthfully while protecting their interests. Our team brings over 60 years of combined experience handling California personal injury cases, and we attend every deposition to object to improper questions and ensure the process remains fair. Knowing how depositions work and what role they play in your case reduces anxiety and helps you approach this important testimony with the right mindset.
What Purpose Does a Deposition Serve in Your Case?
Depositions serve multiple functions in personal injury litigation beyond simply gathering information. The defense attorney uses this opportunity to evaluate you as a potential witness, assessing how you present yourself, respond under pressure, and maintain consistency with previous statements. This evaluation influences settlement negotiations and trial preparation strategies.
Your sworn testimony becomes part of the official case record, creating statements attorneys may reference throughout litigation. If your trial testimony conflicts with deposition answers, opposing counsel can use those inconsistencies to challenge your credibility. This makes accuracy and consistency critical during depositions.
Attorneys also use depositions to narrow legal issues by identifying areas of agreement and dispute. Your answers help both sides understand case strengths and weaknesses, often leading to more realistic settlement discussions. Many car accident and truck accident cases resolve shortly after depositions conclude because parties gain clearer pictures of likely trial outcomes.
What Happens During the Personal Injury Deposition Session?
Depositions typically occur in conference rooms at law offices rather than courtrooms. A court reporter attends to record every word spoken and create an official transcript. Your attorney sits beside you throughout the session, while the opposing attorney conducts questioning. Other parties may attend, including insurance representatives or additional attorneys.
The session begins with you taking an oath to tell the truth, identical to courtroom testimony. The opposing attorney then asks questions about numerous topics related to your case. These questions cover the accident circumstances, your injuries and medical treatment, how injuries affect daily life, employment and income impacts, and your background and history.
Question styles vary throughout depositions. Some inquiries request straightforward factual information such as the following:
- Accident dates
- Medical providers
- Employment details
Others explore your perceptions, opinions, and interpretations of events. The opposing attorney may ask leading questions attempting to elicit specific answers or challenge your statements.
Sessions typically last several hours, though complex cases may require multiple sessions. Attorneys schedule breaks periodically, allowing you to rest, use facilities, and consult privately with your lawyer. Your attorney may request breaks if questions become particularly challenging or if you need time to compose yourself.
How Should You Answer Deposition Questions?
Your approach to answering questions significantly impacts deposition effectiveness and your case’s overall strength. Several key principles guide appropriate testimony while protecting your interests and maintaining credibility.
Listen carefully to each complete question before responding. Many deponents rush to answer before attorneys finish asking, leading to misunderstandings and inaccurate responses. Take a moment after each question to ensure you understand what is being asked. If any question seems unclear or confusing, ask for clarification rather than guessing at the intended meaning.
Answer only the specific question asked without volunteering additional information. If an attorney asks whether you visited the emergency room, a simple yes or no suffices. You need not explain your treatment details unless specifically questioned about them. Providing extra information opens new questioning areas and potentially creates problems your attorney must later address.
Tell the truth consistently throughout your deposition. Never exaggerate injuries, misrepresent facts, or provide false information. Dishonest testimony destroys credibility and may result in case dismissal or perjury charges. If you cannot remember specific details, saying “I don’t recall” or “I don’t remember” constitutes appropriate testimony.
Remain calm and composed regardless of questioning tactics. Some attorneys adopt aggressive or confrontational approaches hoping to provoke emotional reactions or inconsistent statements. Maintaining professional demeanor demonstrates credibility and prevents regrettable responses made in frustration or anger.
What Topics Do Attorneys Typically Cover?
Defense attorneys explore numerous subjects during depositions, seeking comprehensive information about your case. Understanding common topic areas helps you prepare appropriate responses and anticipate challenging questions.
Your background receives extensive attention. Attorneys ask about education, employment history, prior injuries or medical conditions, criminal history, and previous lawsuits or insurance claims. This background information helps attorneys assess your credibility and identify potential weaknesses in your case.
Accident details form another major questioning area. You describe what happened immediately before, during, and after the incident. Attorneys probe your activities, observations, and statements made at the scene. For premises liability cases, questions focus on hazard visibility, warning signs, and property conditions.
Medical treatment undergoes thorough examination. Attorneys question you about every healthcare provider, treatment received, medications prescribed, and ongoing symptoms. They explore whether you followed medical advice, missed appointments, or delayed seeking care. Your descriptions of pain, limitations, and recovery progress become part of the official record.
Financial impacts receive detailed coverage. Questions address lost work time, reduced earning capacity, medical expenses, and other economic damages. Attorneys may challenge damage calculations or suggest injuries caused fewer financial losses than claimed.
Prepare for Your Deposition With Setareh Law
Setareh Law provides comprehensive personal injury representation throughout California, having recovered more than $250 million for injured clients across the state. Our attorneys bring over 60 years of combined experience to every case, with over 400 five-star reviews demonstrating our commitment to thorough client preparation and aggressive advocacy. We handle all personal injury matters on a contingency fee basis, ensuring you pay no attorney fees unless we successfully obtain compensation.
We prepare clients extensively for depositions through detailed preparation sessions explaining the process, practice questioning to build confidence, and strategies for handling difficult questions effectively. During your deposition, we sit beside you to object to improper questions and ensure opposing counsel conducts examinations fairly. If you have questions about the deposition process or need representation for your injury claim, contact us to discuss how we can help you navigate this critical phase of your case.
