If you’ve filed a personal injury lawsuit in Chicago, Illinois, you may be asked to give a deposition at some point during the legal process. This step can feel intimidating, especially if you’ve never been involved in a lawsuit before. However, understanding what a deposition is and how it works can help you feel more prepared and confident.
Depositions are a key part of the discovery process in personal injury litigation. They give both sides an opportunity to gather information, understand each other’s case, and evaluate how strong the evidence is. In many situations, the information revealed during a deposition helps the parties decide whether to settle the case or proceed to trial.
What Is a Deposition?
A deposition is a formal question-and-answer session that takes place under oath. It usually happens in a lawyer’s office rather than in court, but the testimony given is still sworn and recorded. The purpose is to collect information from parties or witnesses before a trial.
Depositions in Illinois personal injury cases are governed by state civil procedure rules. During the deposition, a court reporter transcribes everything that is said to create an official record. In some cases, the session may also be recorded on video.
Who Can Be Deposed in a Personal Injury Case?
In a typical personal injury case, many people may be deposed depending on the facts of the situation.
These can include:
- The plaintiff (the person who was injured)
- The defendant (the person or party being sued)
- Eyewitnesses to the accident
- Treating doctors and medical experts
- Accident reconstruction experts
- Insurance adjusters or company representatives
Each of these depositions can provide insight into liability, damages, and the strengths or weaknesses of the case.
What Kinds of Questions Will I Be Asked?
If you’re the injured party, expect to answer questions about:
- Your background, including education and work history
- Details of the accident: what happened, when, and where
- The nature and extent of your injuries
- Your medical treatment and recovery process
- How the injury has affected your daily life and work
- Any pre-existing health conditions or past accidents
The questions may feel repetitive or invasive at times. However, they are designed to clarify what happened and how your injuries have impacted you. Your attorney will be there during the deposition to protect your rights and object to inappropriate questions if necessary.
How Should I Prepare for a Deposition?
Preparation is key. Before your deposition, your lawyer will meet with you to go over what to expect and review key facts.
Here are a few tips:
- Tell the truth: You’re under oath, and lying can hurt your credibility or result in penalties.
- Think before you speak: Take your time and answer only what’s asked. Avoid volunteering extra information unless it’s necessary.
- Keep it simple: You don’t have to use complex language or tell a dramatic story. Just stick to the facts.
- Stay calm: If you don’t understand a question, ask for clarification. Don’t guess, only answer what you know.
- Dress appropriately: While you’re not in a courtroom, it’s still a formal legal setting. Appearances matter.
An experienced attorney can help you practice before the real deposition takes place.
How Long Does a Deposition Take?
The length of a deposition can vary depending on the complexity of the case and the number of questions asked. Some depositions may take just an hour or two, while others might last a full day or even longer if multiple parties or technical issues are involved.
Can a Deposition Be Used in Court?
Yes. If the case goes to trial, anything said during a deposition can be used in court. For example, if a witness changes their testimony or contradicts what they said during the deposition, the opposing attorney can use the transcript to challenge their credibility.
In Illinois, deposition transcripts are considered part of the discovery record and may be admitted into evidence if relevant and properly submitted.
What Happens After the Deposition?
After the deposition, the court reporter will produce a transcript, which both sides can review. Your attorney will evaluate the testimony and decide how it affects your case strategy.
If the deposition revealed strong evidence, your lawyer might use it to negotiate a better settlement. If the other side was uncooperative or gave weak testimony, it may support going to trial.
Contact Our Chicago Personal Injury Lawyers if You’ve Been Asked To Give a Deposition
Being asked to give a deposition can be intimidating, but you don’t have to go through it alone. At Powell and Pisman Injury Lawyers, our experienced Chicago personal injury attorneys are here to help you understand the process, prepare thoroughly, and protect your rights every step of the way.
Whether your case is just beginning or heading to trial, we’ll stand by your side and ensure you’re ready. Contact us today for a free consultation and the dedicated support you deserve.a