What Happens During a Personal Injury Deposition in Georgia?

Most people have seen a fictional version of a deposition while watching a legal drama on television or in the movies. But these fictional accounts, while entertaining, are often very different from actual depositions.

If you are injured in a car crash, trucking accident, construction fall, or other accident and your attorney has filed a lawsuit, the defense may request or schedule your deposition as part of the discovery process. In Georgia, depositions are one of several formal discovery tools available under O.C.G.A. § 9-11-26 which covers methods of discovery in civil cases.

Depositions are a legal proceeding where you answer questions under oath while a court reporter records and prepares a transcript of the testimony. Under O.C.G.A. § 9-11-32, that transcript can later be used in court proceedings, which is why your answers matter well beyond the day of the deposition. You may be asked about how the accident happened, your injuries, your medical treatment, your work history, prior injuries or claims, and the effect the accident has had on your daily life. Because your testimony may be used later in the case, your answers should be truthful, careful, and based only on what you know or remember.

Your attorney, the defense attorney, and a court reporter are usually present at the deposition. Sometimes other parties, like insurance representatives, interpreters, or a videographer may also be present.

Some depositions may be videotaped or may take place remotely, depending on the case, the parties’ agreement, and the court’s procedures.

What to Do When Giving a Deposition

Deposition rules can differ depending on where the lawsuit is filed. This is a general overview of advice for plaintiffs facing a deposition.

Prepare for a Long Day

Depositions can vary in length, but many take several hours, especially if your case involves serious injuries, complicated medical treatment, or disputed facts. Getting plenty of rest the night before can help you stay focused while answering detailed questions.

Answer Questions Carefully and Honestly

Because you are under oath, giving misleading or inaccurate answers during your deposition can seriously damage your legal claim. If the defense attorney identifies inconsistencies in your testimony, they may try to use them to challenge your credibility.

If you don’t know the answer to a question, it is generally better to say that you do not know, do not recall, or are not sure. Guessing can create inconsistencies that the defense may try to use later. Listen carefully, answer only the question being asked, and avoid exaggerating or volunteering extra information.

Fact Gathering, Not Interrogation

From watching court dramas you might presume that depositions are extremely contentious and confrontational. In reality, a deposition is part of the discovery process, and so is simply another approach for fact gathering. While a deposition can feel intimidating, your attorney is there with you to protect your rights, object when appropriate, and help ensure the process stays within proper legal bounds.

What Should I Wear to a Deposition?

Many depositions are videotaped, and if your case goes to trial, that video could be shown to a judge or jury, so it is a good idea to dress neatly and professionally. Your attorney can give you guidance based on the type of deposition and whether video will be used.

Can I Take a Break During a Deposition?

Depositions often include breaks, and you can usually ask for one if you need it. Before discussing the case, reviewing materials, or looking at messages during a break, follow your attorney’s guidance.

Pause Before Answering

Listen to the full question before responding, and take a moment to gather your thoughts. Your attorney may also need that time to object if the question is improper. In many situations, you may still need to answer after an objection, unless your attorney instructs you otherwise.

What NOT to Do at a Deposition

Try to remain calm and avoid arguing with the defense attorney during your deposition, even if a question feels frustrating or repetitive. If you do not understand a question, ask for clarification before answering it. You should also avoid reviewing unrelated documents, messages, or social media during breaks unless your attorney has advised you that it is appropriate.

Talk With Your Attorney Before the Deposition

Before the deposition, your attorney will walk you through what to expect, review key facts with you, and help you feel more prepared for the questions you may be asked.

A deposition can feel unfamiliar, but it is a normal part of many personal injury lawsuits. With preparation, honesty, and guidance from your attorney, you can better understand what to expect and feel more prepared and confident for the process.

For over 40 years Montlick Injury Attorneys has helped our clients recover the compensation they need to move forward after devastating injuries. If you have questions about your case, you can speak with one of our experienced personal injury attorneys in a free consultation.