Personal Injury Deposition Tips: What to Say and What to Avoid in 2025

## Why Your Personal Injury Deposition Is So Important

A deposition is sworn, recorded testimony taken before trial by the opposing attorney. Everything you say becomes part of the official court record and can be used at trial to support or undermine your credibility. The defense attorney's goal during your deposition is not to gather facts fairly — it is to find inconsistencies, minimize your injuries, and identify statements that justify a lower settlement offer. Preparation with your attorney before the deposition is not optional; it is essential.

Deposition mistakes — including casual exaggerations, inconsistent injury descriptions, or admissions about pre-existing conditions — are the leading cause of settlement value reductions in personal injury cases.

Critical Dos and Don'ts for Personal Injury Depositions

Follow these rules precisely and your deposition will strengthen rather than harm your case.

• **DO listen to each question completely before answering:** Answering before the question is finished can result in answering a question that was never actually asked
• **DO answer only what was asked:** Volunteering extra information gives the defense ammunition they would not otherwise have
• **DON'T guess:** If you do not know or cannot remember, say exactly that — "I don't know" and "I don't recall" are complete and acceptable answers
• **DON'T minimize your injuries:** Describe how you actually feel, including bad days, with honest detail; understating symptoms costs you compensation
• **DO review your medical records and accident report before the deposition:** Inconsistencies between your testimony and written records are the defense's favorite weapon

Your attorney will prepare you thoroughly, but the courtroom coach rule applies: know your facts, speak slowly, and never argue with the opposing attorney.