The insurance company’s attorney schedules your deposition. You’ll sit in a conference room answering questions under oath while a court reporter records every word. What you say during these few hours can strengthen your case dramatically or destroy it completely.
Our friends at Brenner Law Offices spend substantial time preparing clients for depositions because the stakes are incredibly high. A personal injury lawyer can build a strong case with excellent evidence, but damaging deposition testimony undermines even the best-prepared claims and reduces settlement values substantially.
Answering Questions You Don’t Understand
Attorneys ask confusing questions intentionally. Compound questions with multiple parts. Questions using terms you’re unfamiliar with. Hypotheticals that don’t match your actual experience. They want you to answer before you’ve thought through what’s being asked.
Never answer a question you don’t fully understand. Ask for clarification. Request that compound questions be broken into separate parts. Say “I don’t understand the question” as many times as necessary.
According to the American Bar Association, requesting clarification during depositions is completely appropriate and helps create clearer testimony that accurately reflects what you actually know and experienced.
Your attorney will object if questions are truly improper, but many confusing questions are technically allowable even though they’re designed to trip you up. The solution is refusing to answer until you understand exactly what’s being asked.
Volunteering Information Beyond the Question
Answer the specific question asked. Nothing more. This isn’t a conversation where you elaborate or provide helpful context. It’s a fact-gathering session where every extra word creates opportunities for the opposing attorney to find inconsistencies or damaging admissions.
If they ask “What time did the accident occur?” the answer is the time, not a story about what you were doing that day, where you were going, or why you were in that location. Stick to the specific question.
Extra information opens new areas of questioning. One volunteered detail leads to ten follow-up questions you could have avoided entirely by answering concisely.
Guessing at Answers You Don’t Know
“I don’t know” and “I don’t remember” are perfectly acceptable answers. Guessing damages your credibility and creates inconsistencies when your estimates turn out to be wrong.
Opposing attorneys ask questions they already know the answers to, testing whether you’ll admit uncertainty or make something up. They have your medical records. They know treatment dates. They’re checking whether you’ll guess instead of being honest about memory limitations.
When you genuinely don’t remember something, say so. If you’re not certain about a detail, acknowledge the uncertainty rather than presenting guesses as facts.
Letting Emotions Control Your Responses
Opposing attorneys sometimes ask frustrating or offensive questions trying to provoke emotional reactions. Angry, defensive, or tearful testimony makes you seem less credible and harder to like.
Stay calm and professional regardless of how questions make you feel. This is business, not personal, even though it feels deeply personal when they’re questioning your honesty or integrity.
Common emotional triggers during depositions include:
- Questions implying you’re exaggerating injuries
- Suggestions you caused your own accident
- Inquiries about embarrassing personal matters
- Repeated questioning suggesting dishonesty
- Aggressive or accusatory tone
Your attorney will object when appropriate, but you must maintain composure regardless of questioning style.
Speaking Too Quickly Without Pausing
Court reporters need time to record your answers. Speaking too fast causes transcription errors. More importantly, rushing through answers prevents you from thinking through responses carefully.
Pause before answering each question. Give yourself time to process what was asked and formulate a complete, accurate response. This brief pause also gives your attorney time to object if necessary.
The pause feels awkward at first. It’s not. It’s normal deposition practice that protects you from hasty answers you’ll regret later.
Failing to Correct Mistakes Immediately
You answer a question incorrectly. You realize your mistake as soon as the words leave your mouth. Don’t let it stand hoping nobody noticed.
Correct errors immediately. “Actually, I need to correct my previous answer. I said X but the accurate answer is Y.” This honesty strengthens credibility rather than damaging it.
Uncorrected mistakes become ammunition during trial. The opposing attorney reads your wrong answer to the jury and asks why you lied during your deposition. Immediate correction prevents this problem.
Discussing Deposition Content Afterward
Depositions are recorded and transcribed. Everything becomes part of the official record. But discussions you have about your deposition afterward with friends, family, or on social media are discoverable too.
Don’t post about your deposition on social media. Don’t email friends describing how it went. Don’t discuss what you said except with your attorney. These communications can be subpoenaed and used against you.
Preparing Properly Changes Outcomes
Deposition preparation with your attorney is not optional. It’s where you learn questioning strategies, practice handling difficult questions, and understand what to expect during the actual session. Clients who take preparation seriously give dramatically better testimony than those who show up unprepared.
If you have a scheduled deposition or are facing this phase of your injury case, working closely with your attorney during preparation sessions and understanding common deposition pitfalls can help you provide testimony that strengthens rather than undermines your claim.