FAQ, General

My first piece of advice is simple: Take a deep breath. A deposition is standard procedure and is nothing to fear.

What Exactly Is a Deposition?

A deposition is a formal, out-of-court question-and-answer session which takes place in our conference room, or more likely, via video link.

The room typically includes:

• You (the injured worker)
• Your attorney (sitting right beside you to protect your rights)
• The defense attorney (representing the employer and insurance carrier, who will ask the questions)
• A court reporter (who swears you in and types every word verbatim to create an official transcript)

The Purpose: The insurance company’s lawyer uses the deposition to lock in your story, evaluate your credibility as a witness, find inconsistencies, and figure out how strong your case is if it goes to trial.

What Kinds of Questions Will You Be Asked?

The defense attorney will systematically walk through several key phases of your life, your job, and your injury. Expect questions covering:

1. Personal Background: Basic information including your name, address, date of birth, educational background, and family history.
2. Employment History: Your past jobs, your specific duties at the time of the accident, and whether you’ve ever filed a workers’ comp claim or personal injury lawsuits before.
3. The Workplace Accident: Exact details of how the injury happened. They will ask for the date, time, precise location, what tools or equipment were involved, who you reported it to, and what you did immediately afterward.
4. Medical Treatment: A chronological walkthrough of every doctor, hospital, physical therapist, and specialist you’ve seen, as well as the medications you’ve been prescribed and whether you are following your treatment plan.
5. Prior Injuries: Questions about whether you ever injured in the past.
6. Current Physical Limitations: How the injury affects your day-to-day life.  (e.g., lifting restrictions, trouble sitting or standing for long periods, etc.)

Keys to Best Deposition Performance

Your credibility is your greatest asset in a workers’ compensation case. Follow these core rules to protect your claim:

• Always Tell the Truth: ou are under oath. Lying or intentionally exaggerating can destroy your credibility and sink your case entirely. If you have a pre-existing issue, be upfront about it. It is far easier to deal with tough facts than a caught lie.
• Listen and Wait: Let the defense attorney finish asking the entire question before you say a single word. This gives your attorney a chance to object if an improper question is asked, ensures the court reporter can record everything clearly, and gives you time to understand the question.
• Never Volunteer Information: Answer only the specific question you were asked. Do not elaborate, tell stories, or try to “win over” the defense lawyer with extra details. If a question can be answered with a simple “yes” or “no,” do that.
• It Is Okay Not to Know: If you don’t know an answer or don’t remember a specific date, never guess. Saying “I don’t recall” or “I don’t know” are completely acceptable, truthful answers. Guessing creates dangerous inconsistencies in the transcript.
• Take a Break If You Need It: Depositions can last anywhere from one to two hours (or longer for complex cases). If you are fatigued, in physical pain from sitting too long, or need to speak with me privately, just ask for a break

How My Office Prepares You

You will never walk into a deposition cold. In the hour before the deposition starts, the handling attorney will provide a dedicated preparation session. We will review your accident reports, medical records, and timeline, run through a mock practice session of some of the questions, and iron out any tricky issues so you walk into that room feeling confident, calm, and fully prepared.

Have a deposition coming up and want to make sure your rights are fully protected?

Call my office today at (510) 272-0300 Email Us to schedule a consultation. Let’s make sure your testimony keeps your case moving forward toward the recovery you deserve.