Understanding Depositions in New York Personal Injury and Employment Lawsuits
If you’re thinking about filing a lawsuit in New York—whether it’s for personal injury, a car accident, or workplace discrimination—there’s a good chance you’ll have to give a deposition. But what exactly is a deposition? What should you expect, and how can you prepare?
In this article, we’ll break down the deposition process in plain English. Whether you’re dealing with a serious injury or an employment issue, this guide will help you understand what’s involved, how it affects your case, and what your rights and responsibilities are under New York law.
What Is a Deposition?
A deposition is a formal part of the legal process where you give sworn testimony outside of court. It typically takes place during the discovery phase of a lawsuit, which is the part of the case where both sides gather and exchange information.
This isn’t the same as going to trial. You won’t be in a courtroom. In fact, in most New York civil cases, there’s no judge present during a deposition. Instead, it usually happens in an attorney’s office or via video conference.
However, your deposition is just as important as trial testimony. Everything you say is recorded word-for-word by a court reporter and turned into a transcript. This becomes your official statement in the case. If you say something different later in court, the other side can use your deposition to challenge your credibility.
When Do Depositions Happen?
Depositions usually happen after a lawsuit is filed but before the trial. If you’ve been hurt in a car accident, slipped and fell on someone’s property, or believe you were wrongfully terminated from your job, your attorney may file a lawsuit on your behalf.
Once that happens, the case enters the discovery phase, and depositions follow shortly after.
Who Will Be at My Deposition?
In a typical New York deposition, the following people are present:
- You (the plaintiff)
- Your attorney
- The attorney(s) for the other party (the defendant)
- A court reporter
Sometimes, a representative from the defendant (like an insurance company or employer) may attend. If there are multiple defendants, there may be more than one attorney asking you questions.
What Kinds of Questions Will Be Asked?
Depositions in New York are broad in scope. You should be prepared to answer questions about:
- Your background (education, work history, etc.)
- The incident that led to the lawsuit
- Your injuries or emotional distress
- Your financial losses (medical bills, lost wages, etc.)
- Any past accidents, medical treatment, or lawsuits
Even if a question feels irrelevant or invasive, you’ll likely be required to answer it. That’s because New York’s discovery rules allow attorneys to ask a wide range of questions to uncover all potentially relevant information.
How Long Does a Deposition Last?
It depends. Some depositions are done in under an hour, while others can last the entire day. Complex cases with serious injuries or multiple parties may require more time. Occasionally, depositions may even be continued on a second day.
What If I’m Nervous About Giving a Deposition?
It’s completely normal to feel nervous, especially if you’ve never been through the legal system before. The most important thing is to talk with your attorney ahead of time. They can prepare you by going over likely questions and helping you understand your rights.
If you’re strongly opposed to the idea of testifying at all—whether in a deposition or at trial—that’s something to discuss early. In some cases, it may make more sense to pursue a settlement before filing a lawsuit, rather than going through litigation.
Key Takeaways
- A deposition is sworn testimony taken during the discovery phase of a lawsuit.
- It’s not a courtroom proceeding, but it’s just as serious.
- Everything you say is recorded and becomes your official statement.
- Depositions are common in New York personal injury and employment law cases.
- Talk to your attorney about what to expect and how to prepare.
Need Help? Contact a New York Attorney
If you’re thinking about filing a lawsuit for a personal injury, car accident, or employment discrimination in New York, we’re here to help. We can walk you through the entire process, including how to prepare for a deposition with confidence.
Have questions? Call us today or fill out our contact form to schedule a free consultation.