You’ve been in a personal injury case for a while, and now your lawyer has told you it’s time for the “deposition.” This is a word that can cause a lot of anxiety. What is it? What will they ask? And most importantly, what does it mean for your case?
The deposition is one of the most significant milestones in your journey to compensation. It is often the key that unlocks a fair settlement. Understanding what a deposition is, why it’s so important, and what happens after it can demystify the process and give you confidence.
This guide will explain what to expect and answer the most common questions clients have about depositions and settlements.
What is a Deposition in a Personal Injury Case?
A deposition is a formal, out-of-court interview where you (the plaintiff) and other witnesses answer questions under oath from the opposing attorney. A court reporter will be present to create an official transcript of everything that is said.
Think of it as a preview of trial testimony. It’s a key part of the “discovery” phase, where both sides gather the facts and evidence of the case.
What Happens Before Your Deposition? (The Preparation Phase)
You will never be sent into a deposition unprepared. The time leading up to your deposition is a critical phase where your attorney ensures you are ready and confident.
The Deposition is Scheduled: The process begins when the opposing attorney sends a formal legal document called a “Notice of Deposition.” This sets the date, time, and location (which may be in an office or held remotely via video conference).
Evidence is Exchanged: In the weeks leading up to the deposition, both sides will continue to exchange relevant documents, such as medical records and accident reports, which will form the basis of many of the questions.
The Crucial Prep Session with Your Attorney: This is the most important step. You will have a dedicated meeting with your lawyer specifically to prepare for the deposition. During this session, your attorney will review the facts of the case with you, discuss the types of questions you can expect, and practice the “Golden Rules” of testifying. The goal is to ensure you are comfortable, confident, and fully prepared for the process.
Why the Deposition is a Critical Turning Point
Until the deposition, you are just a name on a file to the insurance company. The deposition is the first and often only time their lawyers will see you as a person, hear your story in your own words, and assess your credibility.
A strong, honest, and compelling deposition can dramatically increase the value of your case. When the insurance company sees that you will be a convincing witness in front of a jury, they become much more motivated to offer a fair settlement rather than risk going to trial. Conversely, a weak deposition can hurt a case. This is why preparation with your attorney is so important.
The #1 Question: How Long After a Deposition Does a Case Settle?
This is the most common question, and the honest answer is: there is no exact timeline. However, there is a typical pattern.
The deposition reveals the strengths and weaknesses of both sides. Once the key depositions are completed, the attorneys have a much clearer picture of what a likely outcome at trial would be. This is when serious settlement negotiations often begin.
In many cases, you can expect a settlement offer or significant movement in negotiations within 30 to 90 days after your deposition.
This timeline can be shorter if your testimony was particularly strong and the evidence is clearly in your favor.
It can be longer if there are many other witnesses to depose or if the case involves very complex medical or liability issues.
What to Expect at Your Deposition (A Simple Guide)
Your attorney will prepare you thoroughly, but here are the basics of what to expect:
Who will be there? You, your attorney, the opposing attorney (the “defense counsel”), and a court reporter.
What will they ask? They will ask about your background, how the accident happened, the nature and extent of your injuries, your medical treatment, and how the injuries have impacted your life and ability to work.
The Golden Rules of Testifying:
Always Tell the Truth. This is the most important rule.
Listen to the Question. Don’t anticipate. Make sure you understand the question before you answer.
Keep Your Answers Short and Direct. Answer only the question that was asked. Do not volunteer extra information. “Yes,” “No,” or “I don’t know” are often the best answers.
It’s Okay to Say “I Don’t Know.” Do not guess or speculate. If you don’t know or don’t remember, it is perfectly acceptable to say so.
Stay Calm and Polite. The defense attorney’s job is to test you. Your job is to remain calm, composed, and truthful.
Feeling Anxious About Your Case?
Navigating the litigation process is stressful. The deposition can feel like the highest-pressure moment. Getting a clear-eyed assessment of your case can help build your confidence. Our free and confidential “Do I Have a Case?” tool can help you review the core strengths of your claim.
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Do I Have a Personal Injury Case?
Quick assessment to evaluate your potential claim
⚠️ Legal Disclaimer
This assessment tool provides general guidance only and does not constitute legal advice. Case outcomes depend on many factors not covered in this brief assessment. For accurate evaluation of your specific situation, consult with a qualified personal injury attorney who can review all details of your case.
A Strong Case, Proven in Discovery, Leads to a Top-Tier Settlement
The discovery phase, including the deposition, is where we lay the groundwork for a high-value settlement. We represented a bicyclist who was catastrophically injured when a large truck made an illegal U-turn. Through aggressive litigation and discovery, we methodically proved the truck driver was 100% at fault. By building an undeniable case based on the evidence gathered, we left the defense with no viable alternative but to settle, securing a $1,000,000 settlement for our client.
Frequently Asked Questions About Depositions
1. What happens if my case doesn't settle after the deposition?
If a fair settlement can't be reached, the next step is typically preparing for trial. This may involve settlement conferences with a judge (mediation) or proceeding all the way to a jury verdict. The deposition transcript becomes critical evidence at this stage.
2. Can a case settle before a deposition?
Yes, if the evidence of fault and damages is so clear from the beginning that the insurance company makes a fair offer to avoid the cost of litigation. However, in most cases involving significant injuries, the insurer will want to depose you before offering full value.
3. Who gets deposed besides me?
Your attorney and the defense attorney can depose anyone who has relevant information. This often includes eyewitnesses to the accident, the police officers who responded, your key medical doctors, and the defendant.
4. Will the other lawyer try to ask trick questions?
The opposing lawyer's goal is to find weaknesses in your case, so they may ask questions designed to test your memory and consistency. They might ask the same question in a few different ways or ask about topics that seem irrelevant. However, the best way to handle this is not to worry about "tricks." Your attorney will prepare you for these tactics. The most powerful strategy is always to be honest, listen to the full question before answering, and keep your answers short and direct. If you don't understand a question, it's perfectly fine to ask them to rephrase it.
5. What if I make a mistake in my testimony or remember something new later?
This is a common concern. It's human to forget details or misspeak under pressure. The most important thing to do is to contact your attorney immediately after the deposition if you realize you said something incorrect or remembered a key detail. Your attorney can then formally correct or supplement the record. It is always better to proactively correct a mistake than to have the other side use an inconsistency against you later at trial.
When I got into my accident I was really not looking for an attorney, however I became frustrated with the other parties insurance company. I then went online and found Sally Morin Law and called for a free courtesy consult. Annie quickly called me back and spent 30 minutes explaining the attorney process. This made my decision easy,,, an All female attorney group certainly did not disappoint. Annie and her team (Amber) were on the case immediately, making calls, sending emails and dealing with the other party insured (or lack of insured). I’m so pleased to have had this incredible team of ladies to help me through this process. They did all their professional expertise, none of which I was capable of. They advocated for me in every way from medical bills, insurance liens, med pay, demand letters, phone calls, emails etc. All I needed to do was send receipts, and most importantly focus on getting better. Thank u team for all u have done. I am grateful for so much,,, and I can say that making that first phone call was the best decision. Keep up the great work and helping others
Sincerely
KJJ
I unfortunately got injured in an auto accident and called a bunch of different attorneys with little to no help. I called Sally Morin Law and got help from Rebecca who was absolutely fantastic. She was there every step of the way to help and Isn’t just trying to make a quick buck. She took her time with me and went out of her way to help out. Thanks for all the help Rebecca!!
I was t-boned by someone who ran a red light, totaling my car and sending me to the hospital with multiple breaks to my pelvis, among other smaller injuries. Once released from the hospital, I was confused, angry, and extremely anxious about what to do next. A friend encouraged me to seek legal help, and I found the team at Sally Morin. I was drawn to their all-women team, and immediately felt assured that I was in good hands. They took the reigns on handling everything, leaving me significantly more relieved to rest and heal like my body needed. With their help, the case was settled within four months of the accident, and I can now move forward with my life and leave this behind me. I would absolutely recommend the team at Sally Morin to anyone in a similar situation!
I was injured while riding my bicycle and a friend recommended Sally Morin Personal Injury Lawyers. In my experience, they made the process transparent and smooth, allowing me to focus on recovery — they were professional, empathetic, and effective! Rebecca and Carmen made a difficult time much less stressful.
My mom was in a car accident and was badly injured. We wanted her to focus on her recovery without the worries of medical bills and dealing with multiple insurance companies so we hired Sally Morin Lawyers. Fortunately we received Annie Heller who showed strong ownership of the case, dealing with all communications from medical to slow moving insurance companies. Annie and team helped us settle the case with money in my mom’s pocket, but more importantly helped all of us not worry about anything besides my mom’s recovery. thank you!
Carmen and team at Sally Morin are the best. Having Carmen and her team for my personal injury case is one of the lucky thing for me in 2024
Carmen is a very capable law professional. she is expert in her domain, also she is very skillful in finding the key information.
Carmen is also a compassionate and kind person, she listened and also put my interests in priority. At the same time she patiently explained to me the law information.
Carmen is also very good with execution, the whole process she is proactively driving it towards the satisfactory result
What more can you ask for a lawyer who is capable, professional, kind, effective and efficient.
I was very fortunate that, by pure luck, I found Sally Morin’s firm online. It wasn’t recommended to me by anyone, but I now want to recommend them to EVERYONE, especially my fantastic attorney, Annie Heller. Annie was compassionate, honest, attentive, and responsive to my calls and emails. Throughout the entire process of my claim, I felt completely supported by her, and even after my case was successfully settled, she followed up with me. Thank you Annie, for your exceptional legal service!!
Amazing! After months and months of going it alone and getting nowhere with our sons accident, and struggling...badly, we were lucky enough to get refered to Sally and Rebecca.
They took over the whole case and handled everything.
The whole team was very personable, professional, keeped us in the loop the entire time and cared about what was going on.
They also set us up with all the right people to make sure the settlement funds were properly handled in the most efficient way for us.
I just dont think we could have done all of this without them. It was a terrible time for our family, and we are very gratefull for everything they did for us! Thank you guys! ~HavasuLew
Rebecca and the Sally Morin team provided invaluable support during a challenging period after our daughter was involved in a car accident. Their care, expertise, and dedication resulted in an outcome that exceeded our highest expectations. Working with them was a great experience, and I wholeheartedly recommend their services to anyone, without hesitation!
I worked with Annie on my case and had such a pleasant experience! I felt supported and understood throughout the whole process. I highly recommend Sally Morin firm. Being injured isn't pleasant, so having a team behind you that's got your back makes the experience that much better.
I just spent the last 8 months working with a team of caring, compassionate, relatable women for my personal injury claim. Brief background: I was hit by a car while riding my bike to work. The driver pulled out of a parallel parking space without looking and was completely at fault. Initially, he and the others in the car were very concerned, but ghosted us afterwards and made up a story in order to not take on the blame. I ended up needing surgery and costs mounted, so I sought legal advice. After much research, I settled on Sally Morin Law. The team at this law firm is invested and responsive in a very personable way. I specifically worked with Carmen and Annie. Carmen took the lead and she answered every email, text, and annoying question my husband and I sent her way. She wrote a detailed demand letter that personalized my case and thoroughly explained the impact the accident had on my life, my children's lives, and my husband's life. In the end, our own insurance policy covered the claim to the fullest amount. Additionally, Carmen was able to negotiate the medical lien to $0, and my husband received a separate smaller amount for loss of consortium. We are more than happy with the results as it’s way beyond what we expected, and completely life changing. We didn't proceed with the case thinking we would have the outcome we did, and almost didn't pursue the case. However, after spending my own money on copays, days off from work, take out, uber rides, babysitters, and special equipment, it just didn't feel right not to seek help and I am so glad that I did! I highly recommend Sally Morin Law!
Last year me and my partner was in a MC/Car accident. I was clueless on what rights we had and how to proceed with insurance claims etc. I contacted Sally Morin Personal Injury Lawyers, who guided us through the year long process in a very pedagogical manner, a lot of support, expertise and professionalism - answering any questions we had in a timely manner. Highly recommended, they made a painful experience very manageable. Thank you, Rebecca, Carmen, and Amber!
Posted on Yelp
Amy R.
Verified
I can't recommend Rebecca at Sally Morin Personal Injury Lawyers more highly. Rebecca is transparent, honest, and client-centered in a way that was completely different from the other firms I considered. Rebecca broke down what can feel like a very opaque process, and helped me understand my options in an approachable way. It was immediately clear that Rebecca's advice and guidance centered around my personal best interest, not what would make her firm the most money. Thanks Rebecca and team!
Posted on Yelp
Mike B.
Verified
I unfortunately got injured in an auto accident and called a bunch of different attorneys with little to no help. I called Sally Morin Law and got help from Rebecca who was absolutely fantastic. She was there every step of the way to help and Isn't just trying to make a quick buck. She took her time with me and went out of her way to help out. Thanks for all the help Rebecca!!
Posted on Yelp
Shannon Y.
Verified
Carmen and team at Sally Morin are the best. Having Carmen and her team for my personal injury case is one of the lucky thing for me in 2024
Carmen is a very capable law professional. she is expert in her domain, also she is very skillful in finding the key information.
Carmen is also a compassionate and kind person, she listened and also put my interests in priority. At the same time she patiently explained to me the law information.
Carmen is also very good with execution, the whole process she is proactively driving it towards the satisfactory result
What more can you ask for a lawyer who is capable, professional, kind, effective and efficient.
Posted on Yelp
Dinora G.
Verified
I was very fortunate, and by pure luck, I found Sally Morin's firm on YELP. The firm wasn't recommended to me by anyone, but I now want to recommend them to EVERYONE, especially my fantastic attorney, Annie Heller. Annie was compassionate, honest, attentive and very responsive to my calls and emails. Throughout the entire process of my claim, I felt completely supported and even after my case successfully settled, she followed up with me. Thank you Annie for your exceptional legal service.
Posted on Yelp
Phil M.
Verified
Rebecca and the team at Sally Morin are awesome, plain and simple! Honestly, they were the only legal representation that didn't make me feel slimy after the first conversation. I was thrilled to work with them on my injury case after realizing it was more than I could handle dealing directly with the other party's insurance myself. They advocated for me and my family, going into incredible detail and crafting a great strategy for what to do next. The end result was a pleasant surprise, far exceeding my expectations.
Rebecca and the team definitely earn their share by providing amazing value. They're also no-pressure, which was refreshing compared to other lawyers I contacted before choosing Sally Morin. Their priority was making sure I was always informed and knew exactly what was going on, every step of the way.
If something happens again, Rebecca and Sally Morin will be my first call--and I'm sure there will be a multitude of emails to follow! :P
Posted on Yelp
Steve M.
Verified
Attorneys Annie Levitt Heller and Carmen from Sally Morin Personal Injury Lawyers are the absolute best! They are dedicated, approachable and thorough in all their work. They provided the best possible outcome for my case (I was a pedestrian hit by a car in a crosswalk) and supportive every step of the way. I would absolutely recommend Sally Morin Personal Injury Lawyers to anyone Forever grateful to them!
Posted on Yelp
James Minh N.
Verified
My sister got in a car accident, was hit badly by another driver, became unconscious, and was immediately taken to hospital emergency with an internal brain bleeding thus could not defend herself. As a result, the police report had false information from the other driver and concluded my sister at fault. While other legal firms purposed disappeared after seeing at the police report and other driver's cheap insurance policy (not easy win), Sally Morin team with great heart and "no win, no pay" written clause took on the case and successfully reversed both insurance + police reports and won the case. My family is grateful to find Sally Morin firm and great team with legal expertise, experience, and most important great heart. Thank you very much.
Posted on Yelp
Tim K.
Verified
Unfortunately me and my mom were hit by another driver on the freeway. We ended up with hospital bills and a long road to recovery especially for my 85 yr old mother. This was such a tragedy and uncertain times for us not knowing where to turn and what to do about mounting bills while trying to get our lives in order. I contacted Sally and her wonderful team. Carmen one of her associates worked with me and my mom and handled everything. Carmen was awesome and such a caring lawyer as well. She keeps
It real and we loved that about her. When you need a personal injury attorney that will work on handling your case in every aspect, insurance claims, potential health liens and negotiating on your behalf then Sally Morin Personal Injury law firm is the one to contact. You can count on them. Carmen explained everything so we knew what we were in for and was trustworthy and honest. There is no way to state how invaluable and priceless it is knowing the law firm you hired has your back and can be trusted. I hope no one ever needs a personal Injury attorney because being injured is one of the worst things that can happen to you; your life changes in an instant after a bad accident. But having a law firm like Sally Morin with lawyers like Carmen make that terrible experience much better knowing they are there to handle every aspect of your case and do it so well. Thanks Carmen and team. Much appreciated!
Posted on Yelp
Stephan B.
Verified
I originally reached out to a different law firm to handle my personal injury case, but Sally Morin's team (Rebecca Taylor in particular) left such a good impression on me that I switched to them--and I'm glad I did! They were empathetic and professional, communicated early and often, and patiently walked me through every option. They did thorough research and handled so much on their end that I was able to focus on my recovery/work/life with minimal disruption. So I highly recommend this firm.
Posted on Yelp
Michele H.
Verified
Word cannot express the honesty from Annie at Sally Morin law . She is honest kind and to the point . If you want to get ripped off by shady humans don't hire Annie . If you want honest kind and attentive go with Annie at Sally Morin law . You will feel good about your choice . She is a firm advocate with insurance and health care . Annie and her team will be available to explain things all the way through . Her integrity is not matched in this field . I would hire again and again
Thanks Annie You made one of the most difficult times in my families life tolerable !
Your kindness and integrity are not matched in everyday life . Much less with personal injury lawyers thank you thank you
Michele Hargrove
We Handle Your Accident Claim So You Can Focus on Your Life
After a personal injury, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many areas of the law, including many kinds of personal injuries. We believe you should be able to focus on recovering while we handle the legal details of your personal injury lawsuit.
