What to Expect During a Personal Injury Deposition in Illinois
What to Expect During a Personal Injury Deposition in Illinois
At Halliday McCall Accident Lawyers of Illinois, we understand how stressful it can be to navigate a personal injury claim. One key stage in many cases is the deposition—a formal interview where you provide sworn testimony about your accident, injuries, and more. If you’ve never been involved in a deposition, the experience may feel overwhelming. Here’s what you can expect so you can approach it with greater confidence.
What Is a Deposition?
A deposition is part of the discovery process in a personal injury lawsuit. It typically takes place in a law office or via video conference and involves attorneys for both sides asking the injured party (you), and potentially other witnesses, a series of questions under oath. A court reporter transcribes the entire exchange to create an official record.
In Illinois, depositions are governed by state rules of civil procedure. They are often used to assess the credibility of a witness and gather detailed information in preparation for trial or settlement.
Who Will Be Present?
While each case is unique, a typical personal injury deposition may include:
- You (the plaintiff)
- Your attorney
- The defense attorney
- A court reporter
- Occasionally, an insurance company representative
Though it’s not a courtroom, the importance of a deposition should not be underestimated. Your testimony can significantly influence how your case unfolds.
What Kinds of Questions Will Be Asked?
The defense attorney will likely ask detailed questions in the following areas:
- Personal background: Your age, education, employment history, and prior medical conditions.
- Accident details: How the incident occurred, what you saw or heard, and any contributing factors.
- Injuries and medical treatment: Symptoms, diagnoses, surgeries, medications, physical therapy, and prognosis.
- Impact on your life: How the injury has affected your work, family life, hobbies, and daily routine.
You should answer truthfully and stick to the facts. If you don’t know or can’t remember something, it’s okay to say so.
How to Prepare for a Deposition
Your attorney will likely meet with you beforehand to go over:
- Your medical records and accident report
- The types of questions you might face
- How to remain calm and avoid volunteering unnecessary information
A good attorney will help you rehearse and build confidence in your ability to clearly and accurately tell your story.
Tips for a Successful Deposition
- Be honest: Lying or exaggerating can damage your credibility.
- Stay calm and composed: Don’t let aggressive questioning rattle you.
- Keep answers short and precise: Only answer the question asked.
- Ask for clarification: If a question is confusing, it’s okay to ask for it to be repeated or rephrased.
What Happens After the Deposition?
The deposition transcript is sent to both parties for review. Your attorney will use this record to:
- Strengthen your legal arguments
- Identify inconsistencies in the defense’s case
- Negotiate a fair settlement or prepare for trial
In some cases, the deposition may even prompt settlement discussions.
Legal Guidance in Peoria, Illinois
At Halliday McCall Accident Lawyers of Illinois, we provide legal assistance to the Peoria public and beyond. If you’re navigating a personal injury claim, we can help you prepare for every phase of your case—including the deposition—so you can focus on recovery with peace of mind.