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When you’re involved in a personal injury case, few stages can feel as intimidating as the deposition. The opposing counsel’s questions, the unfamiliar setting, and the pressure to present your story accurately all converge in a high-stakes environment.
With the right preparation, however, you can feel confident and secure. At Craig Swapp & Associates, our personal injury lawyers have guided countless clients through this process, helping them understand the common deposition tactics used by defense attorneys, as well as how attorneys approach depositions effectively to protect clients’ rights.
Let’s breakdown some of the most frequently used tricks lawyers use in depositions – along with best practices to respond. Whether you’re working with an injury lawyer or are exploring your options for the first time, having a clearer view of what happens during depositions can help you navigate this crucial phase of your personal injury case.
A deposition is a question-and-answer session conducted under oath before a trial. It’s part of the discovery process, governed by civil procedure rules (such as Federal Rules of Civil Procedure 26–37, or comparable state statutes), which exist to ensure both sides share pertinent evidence.
In personal injury cases, depositions allow each side’s legal team to collect sworn statements, test the credibility of witnesses, and lay the groundwork for arguments to be presented in court.
What many plaintiffs don’t realize is that depositions can make or break a case, depending on how well-prepared you are. This is because depositions are not just about gathering facts – they’re also about strategy.
Defense counsel for the insurance company or the at-fault party often uses specific methods to discredit you or undermine your testimony. Understanding these potential pitfalls and discussing them with your injury lawyer will put you in the best possible position for success.
In depositions, attorneys may use rapid-fire questioning or even casual small talk to catch you off guard. Recognizing these tricks in depositions – from rephrasing your earlier statements to focusing on irrelevant details – empowers you to maintain clarity and consistency.
One of the classic tricks lawyers use in depositions is rapid-fire questioning. Here, the defense attorney asks a series of questions quickly, barely giving you time to think before the next question is thrown your way. The aim is to overwhelm or confuse you so that you make a contradictory statement.
How to Respond: Don’t feel pressured to blurt out the first thing that comes to mind. You can pause, gather your thoughts, and only speak when ready. Your personal injury lawyer will remind you there is no requirement to answer at the same lightning speed as the questions are delivered.
Defense attorneys sometimes shift from serious interrogation to a casual, friendly manner. They may engage in small talk or joke about unrelated topics, aiming to lull you into lowering your guard. Once you’re relaxed, they might slip in a crucial question that catches you off guard.
How to Respond: Remain professional and consistent in your demeanor. Even if the defense counsel seems pleasant, remember their primary goal is to gather information they can use against you. Stick to the facts. Whenever in doubt, pause and consult with your accident lawyer.
It’s not uncommon for attorneys to misstate or twist previous statements to see if you’ll agree or correct them. They might say something like, “Earlier, you said you had pain in your left knee,” when in fact you said it was your right knee. If you simply respond, “Yes,” you could inadvertently confirm something that isn’t true.
How to Respond: Pay close attention to the exact wording of each question. If the attorney misrepresents your statement, correct them immediately.
Don’t be afraid to say, “No, that’s not what I said,” and clarify what you actually said. These moments often reveal how attorneys approach depositions with subtle tricks designed to warp your testimony.
Sometimes, the same question will be asked in multiple ways. This tactic is used to see if you’ll deviate from your original answer. A slight change or contradiction can be highlighted later to question your credibility.
How to Respond: Stay consistent. If the question asked is essentially the same, reaffirm your previous statement using the same language. When you have prepared with your injury lawyer, you’ll be better equipped to recognize repeated questions and keep your answers aligned.
Another lawyer’s favorite among deposition tactics is diving deep into personal or irrelevant details, such as unrelated medical history, personal lifestyle habits, or a distant family background. The intention is often to find any extraneous detail that might be used to discredit you or to wear you down.
How to Respond: Your personal injury lawyer may object if questions go too far beyond the scope of your case. However, if you do have to answer, respond concisely and stick to the truth. An experienced accident lawyer will guide you on which questions are appropriate and which are not.
Personal injury lawyers understand these deposition tactics and have effective strategies to neutralize them.
Before the deposition ever begins, your lawyer will meet with you to:
Visit our case results; you can read about our background and experience in personal injury claims across different states.
In a personal injury lawsuit, depositions are part of the discovery phase, where each side gathers testimony under oath. Generally, anyone with information related to the incident, the injuries, or the aftermath can be deposed.
Below are the most common individuals and entities involved:
Preparation with a personal injury lawyer equips you with the clarity and assurance needed during depositions.
A skilled lawyer won’t let you walk into a deposition unprepared or uninformed. With the guidance of a personal injury lawyer, you’ll know when to speak, how much to reveal, and how to avoid common pitfalls. This protects you from intimidation tactics designed to rattle your confidence.
When your injury lawyer thoroughly reviews your case details, any inconsistencies are addressed proactively. You’ll be more confident in your recollection of events and better able to face the defense attorney’s attempts to create doubt.
Attorneys have the legal knowledge to object when questions become harassing, irrelevant, or repetitive. They can also clarify when you’re not required to provide certain information. These legal protections can significantly reduce the stress of depositions.
The main reason depositions matter is that they can influence settlement negotiations and the outcome of a trial. If the defense can poke holes in your testimony or portray you as inconsistent, they’ll likely offer a lower settlement or try to push your case to trial with greater confidence. Working with personal injury lawyers who are well-versed in deposition tactics helps protect the potential value of your claim.
While your personal injury lawyer will go over these steps in depth, here are a few reminders to keep in mind:
Depositions often set the stage for settlement discussions.
If the opposing side realizes you’re confident, well-prepared, and have supportive evidence, they may be more inclined to offer a fair settlement rather than risk going to trial.
Conversely, if your deposition goes poorly – if you appear inconsistent, evasive, or easily flustered – opposing counsel may see an opportunity to challenge your credibility, offering you a much smaller settlement or preparing a stronger defense strategy for trial.
This is why knowing how personal injury lawyers approach depositions is so significant. Every answer you give can reinforce or diminish the strength of your claim. With proper preparation, you can ensure that your testimony supports the reality of your injuries, medical costs, pain and suffering, and the losses you’ve endured.
After depositions, both sides usually have a clearer idea of the strengths and weaknesses of the case. Settlement negotiations typically follow, and your injury lawyer will use the deposition transcript, along with medical records, expert opinions, and other evidence, to argue for the full and fair compensation you deserve.
Should negotiations fail, the case may proceed to trial, where your deposition testimony can be used again. This underscores how important it is to handle depositions meticulously, with guidance from personal injury lawyers who know deposition tactics inside and out.
If you’re injured in an accident, understanding the common tricks lawyers use in depositions is vital. The defense will often leverage deposition tactics to sow doubt and weaken your personal injury claim. However, with thorough preparation and the counsel of a knowledgeable personal injury lawyer, you can feel more confident and in control throughout the discovery process.
If you’re exploring your legal options and not sure about the merit of your case, you can find out if your situation qualifies for a personal injury claim by answering our quick quiz.
Our personal injury lawyers at Craig Swapp & Associates have extensive experience with how attorneys approach depositions to safeguard our clients’ interests. With the right guidance, you can navigate the deposition process without falling victim to common defense strategies, ultimately strengthening your case and helping you pursue maximum compensation for your injuries.
Call our office today at 800-404-9000 or fill out our contact form for a free consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp