The Personal Injury Deposition Process in Texas

Understanding what to expect in each phase of personal injury litigation can make all the difference in your case. Our job begins well before we step foot into a courtroom—and so does yours. Before we enter into negotiations or make it to trial, we conduct thorough research into the circumstances of the accident or incident that caused your injury and the implications of the injury itself. Of course, we study police reports, medical documents, and other records, but some of the most compelling evidence comes from depositions from you and other relevant parties.

What is a deposition?

A deposition is sworn testimony given under oath and recorded for use by both the plaintiff’s and defendant’s preparation in a personal injury case. Occurring during the discovery phase—an evidence-gathering, pre-trial process—attorneys for all parties involved have the opportunity to question their own clients, as well as opposing parties, witnesses, experts, and anyone else appropriate. Deposition audio is typically recorded, and then transcribed and made available to each legal team. Sometimes depositions are also videotaped, and the footage is then provided.

What will occur during my personal injury deposition?

As your personal injury attorneys, we have a responsibility to prepare you for your deposition, as well as question you and all others who will be deposed. The purpose of our questioning is to reveal as much detail as possible about what you and other deponents know and determine what your testimonies will be like in a trial.

At the start of your personal injury deposition, you’ll be sworn in by taking an oath to tell the truth. Then, you’ll confirm your identity, age, and other background details. Once questioning begins, you can expect to be asked about the following:

  • The accident or incident from which your injury resulted
  • Details of the accident including how and when it occurred and who was present
  • The injury/injuries you sustained and the medical care you’ve required
  • The real financial costs you’ve incurred in relation to the accident and your injuries
  • Whom you’ve discussed the accident with
  • Any other relevant history or details

Sometimes, depositions may feel like you’re being asked the same questions over and over again. Defendants’ attorneys might do this to catch inconsistencies or other details that could be used to discredit you. No matter what, it’s important to keep your cool and answer respectfully, completely, and truthfully.

Consult injury lawyers who can help guide you throughout all phases of the legal process

The most successful depositions are those that are well prepared for. Burwell Nebout Trial Lawyers understand how to support you before your own deposition and collect depositions that will bolster your Texas injury case. To learn more about how we can help, call (281) 645-5000 or contact us online and schedule a consultation.