If you’re considering a personal injury claim or already involved in a lawsuit in New York, you may have heard the term deposition thrown around. But what exactly is a deposition, and how does it work? Let’s break it down in plain language so you know what to expect — and why it’s such an important part of the legal process.
What Is a Deposition?
A deposition is a formal question-and-answer session that takes place before trial. It’s part of the discovery process, where both sides gather evidence and information. In a typical New York civil lawsuit — whether it’s a personal injury case, car accident, or medical malpractice claim — depositions are often required.
During a deposition, you’ll be asked to provide sworn testimony about your case. This can happen in person, in a lawyer’s office, or remotely via Zoom. You’ll be placed under oath by a court reporter, who will record everything you say. Your responses are transcribed and may later be used in court.
Is a Deposition the Same as Testifying at Trial?
Not exactly. A deposition is not held in a courtroom and doesn’t include a judge or jury. However, it’s still very serious. While it’s less formal than trial testimony, your words carry the same legal weight because you’re under oath.
Attorneys often say that a deposition is almost as important as testifying at trial — and here’s why: what you say during your deposition can shape the entire direction of your case. Your credibility, consistency, and ability to explain what happened can influence whether your case settles or goes to trial.
Who Will Be at the Deposition?
Typically, the following people are present:
- You (the witness or plaintiff)
- Your attorney
- The opposing attorney
- A court reporter
There’s no judge, and no jury. But make no mistake — everything you say is being evaluated closely.
What Will You Be Asked About?
You might think that the deposition will focus only on the accident or injury itself, like a broken arm from a car crash. But depositions often go much deeper. You can expect questions about:
- Your medical history
- Any past injuries or conditions
- Your education and work background
- Any previous legal claims or lawsuits
- Your version of what happened in the current case
Attorneys ask these questions not just to gather facts, but also to evaluate your credibility as a witness. They’re assessing whether you would make a strong impression in front of a jury — and whether you come across as honest, reliable, and consistent.
How Can a Deposition Affect Your Case?
In New York litigation, depositions play a critical role in settlement negotiations and trial preparation. If you give strong, clear, and trustworthy testimony, it may encourage the opposing side to settle. On the other hand, if you come across as evasive or inconsistent, it could hurt your credibility and reduce your chances of success in court.
Final Thoughts
A deposition isn’t something to fear — but it is something to take seriously. If you’re involved in a personal injury lawsuit or other legal matter in New York, preparing for your deposition with an experienced attorney is key.
If you have questions about depositions or think you may have a legal claim, feel free to contact us. We’re here to help guide you through every step of the process.