What Actually Happens During a Personal Injury Deposition

No one actively looks forward to participating in a deposition. It’s understandable, though. Who would excitedly sign up for hours of being questioned about a legal matter? No one, that’s who. The reality is that if you are involved in a personal injury lawsuit, you may be required to participate in a deposition. While it sounds scary, the reality isn’t nearly as dramatic. Knowing what to expect can help ease your stress and anxiety.

Key Takeaways

• Any party to a lawsuit can depose any other involved party.
• Depositions are done outside of court while under oath.
• There are two types of depositions in Illinois: discovery and evidentiary.
• There’s a three-hour time limit.
• Your attorney will help you get ready with a preparation session.

A Deposition Is Sworn Testimony, Not a Trial

The first thing to understand is that a deposition isn’t a trial. It’s one of many steps on your way to trial. Depositions typically take place in a conference room. There’s no judge or jury present. The person being deposed, the attorneys, and a court reporter will all be present.

While it doesn’t take place in a courtroom, you should still treat a deposition with the same level of seriousness as a trial. The statements made during a deposition are done so under oath. It’s called sworn testimony. Generally, the purpose of a deposition is to lock in someone’s story and answers. The attorneys will use your answers now to point out any inconsistencies later at the trial.

Under Illinois Supreme Court Rule 202, any party involved in the lawsuit can depose any other involved party. Deposing a party is taking their testimony. It can be done orally or in writing. That testimony is given while under oath to discourage perjury, hold the parties accountable, and enable the testimony to be used in court.

Illinois Uses Two Different Kinds of Depositions

There are two types of depositions recognized and used in Illinois: discovery depositions and evidence depositions. A discovery deposition is broader in what can be asked but more limited in how it can be used. An attorney will question a witness as if they are under cross-examination. They can be asked about anything relevant to the case. This type of deposition is commonly used when questioning the injured party in a personal injury lawsuit. Rule 206(c)(1) governs how discovery depositions are performed and what type of questions can be asked. Generally, a discovery deposition is used to catch a witness in their inconsistent testimony at trial.

An evidence deposition is a whole different kind of beast. It’s governed by Rule 212. The questions and answers given in this deposition are intended to be used as evidence at the trial. An attorney may do an evidence deposition of a treating doctor when the doctor cannot attend the trial. Because the doctor can’t testify in person, they will attend a deposition. Then later at trial, the transcript could be read to the jury, or a videotape of it played for them.

Who Gets Deposed, and in What Order

Even though anyone can depose anyone, there is some order to the whole process. Illinois Supreme Court Rule 213(f) categorizes who can be deposed and dictates the order they get deposed in. First, we have the lay witnesses, such as the parties themselves or another ordinary person. Then, there are the independent or non-retained expert witnesses, such as treating physicians. Finally, there are the “controlled” expert witnesses. These are the professionals who are specifically sought out and hired to testify for one party.

Generally, the deposition sequence is as follows: the parties are deposed first, then treating doctors, and finally any retained experts. It’s also important to note that expert witness depositions are handled differently from lay persons. They are still sworn in, but the questions they are asked are more opinion-based than fact-finding.

The Three-Hour Limit and What the Questions Actually Sound Like

Getting questioned for hours sounds about as fun as getting a tooth pulled. Thankfully, depositions are limited in how long they can last. Under Rule 206(d), a discovery deposition can’t exceed three hours. However, this assumes there’s no agreement between the parties or a court order that allows for more time.

Three hours doesn’t seem like much, but it protects the person being deposed. Questioning can feel mundane and tedious at times. Many questions are basic, asking you to give specific details. The methodical fact-gathering process will mentally wear you down over time. Having a time limit ensures you are able to clearly answer questions throughout the entire deposition. The court doesn’t want endless depositions being performed with unreliable answers presented in court.

Common Myths That Make People Needlessly Nervous

When people hear the word “deposition,” they start getting nervous. Rumors and misunderstandings are partially to blame. Let’s dispel common misconceptions, so you have an accurate idea of what to expect. Here are some of the common myths associated with personal injury depositions in Illinois:

• Myth: You must accurately remember every detail.
• Reality: An honest yet generalized chronology is often good enough. Guessing facts like dates can be more damaging than saying “I don’t remember.”
• Myth: Admitting you don’t know or hesitating before answering shows weakness.
• Reality: Accuracy is paramount, so pausing to ensure truthfulness protects the case.
• Myth: Elaborate and explain to ensure you’re fully understood.
• Reality: It’s better to only answer what’s asked. Don’t volunteer extra information.
• Myth: A deposition is essentially a trial.
• Reality: The setting is completely different, taking place in a quiet room with a handful of people.

These are just some of the most common myths that people believe. Thankfully, an experienced personal injury attorney has heard them all before. Your lawyer will want to do a deposition prep meeting before the actual day. These and any other misconceptions can get cleared up during that preparation session.

Why Preparation With Your Attorney Matters

Anxiety and stress can lead people to say things they don’t mean. This can be a problem in a deposition, where statements can be brought up later at trial. A preparation session with your attorney is essential because it can ease anxiety and stress. That way, you can stay calm, cool, and collected during the actual deposition.

During your prep meeting, you will work with your attorney to review key documents, walk through the chronology of events, and discuss the treatment received. Many will run through potential sample questions. That way, you have a chance to form a response. The lawyer will provide feedback and suggest possible answer alternatives. While your lawyer will be present, they can’t answer for you. So it’s their job to prepare you so that you understand the big picture of the case. That way, the small details make sense and have context.

Contact a Chicago Personal Injury Attorney

A personal injury deposition probably will not be the most enjoyable afternoon of your life. It also doesn’t have to be the intimidating courtroom showdown you may be imagining. You’ll be answering questions under oath. However, you will have an attorney there to help you prepare for what is coming.

Knowing the process, reviewing your case, and understanding how to answer questions can make a big difference in how comfortable you feel. If you have questions about what happens during a personal injury deposition, Stephen Hoffman can explain the process and help you prepare. Contact the office at (773) 944-9737 or stephen@hofflawyer.com for a free consultation, or visit the Personal Injury practice area to learn more.