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If you have been injured in an auto collision and have filed an injury claim, the responsible driver’s insurance company will likely request that you appear for an official deposition. Under the New York Civil Practice Rules, a party has the right to depose you to hear your side of things. Because the proceeding is important to settlement discussions and a possible trial, proper preparation is critical.
You can rely on the attorneys at Monarch Law Group to explain the details and get you ready for a deposition.
Understand the Nature of the Proceedings
First, you should learn what to expect at the deposition, which is like an in-person interview between you and opposing counsel. Your lawyer will be present, and the session will take place before a court reporter. You will be sworn in, so you must provide truthful answers to the questions asked.
The specifics may vary, but it is important to understand that the deposition will likely cover two key topics: the details of the accident, which are important to the issue of fault in the car accident, and the severity and nature of your injuries, mostly as they pertain to the losses you experience as a victim. You will not be asked highly technical medical questions.
Appearance and What to Bring with You
A deposition takes place in a professional setting, so you want to make a good impression. Dress like you would for a job interview and show up with a clean, tidy appearance. Though the attorney who questions you is the “other side,” you should still be polite and use appropriate manners.
Be sure to bring a photo ID, a list of current medications, and any brace or device you use. Do not bring private notes or search your phone for answers unless your lawyer says it’s appropriate.
Attendees and Taking Breaks
At your deposition, you’ll meet the defense attorney, a court reporter, and sometimes a videographer. Your lawyer will be by your side the entire time. Most depositions in a New York auto accident case last a few hours, but the length can vary based on the case.
You can request reasonable breaks when you need them. Just be sure you have fully answered the question presented before pausing.
Listen Carefully Before Answering
As you are asked questions, allow yourself time to process what types of information the lawyer is requesting. For closed-ended questions, a “yes” or “no” is sufficient. You can provide more detail with open inquiries, but avoid going off on tangents.
Never guess or speculate as to information you do not know. In addition, you should note that you cannot provide only visible responses to questioning – i.e., shaking or nodding your head. These gestures are not recordable by the court reporter, so your answers should always be in words, out loud.
If shown a document you don’t recognize, it’s fine to say, “I don’t recall seeing this before.”
Review Documents Thoroughly
In some depositions, the other attorney might show you a document and ask you questions regarding its contents. Again, you should respond “I do not know” if the lawyer is asking about unfamiliar topics.
Request Clarification When You Need It
At times, you might be confused by a question. Do not offer any information or answers until you fully understand what the lawyer is asking. It is perfectly fine to get clarification, and your attorney will be there to assist.
Remote Depositions
For virtual depositions, test your camera, microphone, and internet the day before. Join from a quiet, well‑lit space and label your screen name with your full name.
Do not use chat or messages during testimony. Keep documents off‑camera unless your attorney instructs otherwise.
Objections & Privilege
Your attorney may object to the ‘form’ of a question or to protect privileged communications. You’ll usually still answer unless instructed not to. If a question is compound, vague, or confusing, ask for it to be rephrased.
Stay calm, listen, and answer only what is asked, truthfully and briefly.
After the Deposition
You may be asked to review and sign the transcript and note minor corrections. Your next steps may include an independent medical exam, settlement discussions, or trial preparation. Your deposition is one key step in your New York auto accident case, and our team will guide you through every phase.
Contact Monarch Law Group for Help Preparing for Your Deposition
For more information on preparing for a deposition and how the proceedings work, contact Monarch Law Group. Our team is well-versed in all aspects of auto crash claims, including depositions. We can explain the specifics and represent you throughout all phases of the claims process.
