A deposition is sworn testimony you give outside of court during the discovery phase of your Missouri personal injury lawsuit. This formal question-and-answer session allows the opposing attorney to ask you about the accident, your injuries, and how they’ve affected your life.
Your answers are given under oath and recorded by a court reporter, creating an official transcript that can be used as evidence in your case.
If you’re facing a deposition after a car accident in Missouri, you likely have questions about what to expect and how to prepare.
The process can feel intimidating, but understanding what happens during a deposition, what questions you’ll face, and how to protect your rights can help reduce anxiety and strengthen your case.
What Happens During a Deposition?
Many people feel nervous about depositions, but they’re usually less intimidating than you might expect. The process doesn’t take place in a formal courtroom with a judge present.
Where Does It Happen and Who Will Be There?
Your deposition will likely happen in a conference room at a law office somewhere in Missouri. The setting is more like a business meeting than a court proceeding.
The people in the room with you will include:
- You (called the “deponent”)
- Your personal injury attorney
- The defense attorney representing the at-fault party
- A court reporter who records everything
Sometimes the at-fault party or an insurance representative may also attend. Your lawyer sits right next to you the entire time to guide you and protect your rights.
How Long Does It Take and Is It Recorded?
Missouri personal injury depositions often take several hours to complete. Complex cases with severe injuries may take longer, and courts can impose time limits on depositions while allowing extensions when there is good cause.
A court reporter creates a word-for-word written transcript of the entire session. Video recording is also common in Missouri, which captures your facial expressions and body language as you answer questions.
What Questions Do Lawyers Ask in a Personal Injury Deposition?
The questioning phase is what most of our clients worry about. We want you to know that defense attorneys usually follow predictable patterns, and we’ll prepare you thoroughly for what to expect.
Common Topics You Should Expect
The defense attorney will ask questions covering several areas of your life and the accident. Their goal is to get a complete picture of events and how your injuries have affected you.
Common question categories include:
- Personal background: Your work history, education, and family situation
- Prior injuries: Any previous accidents or medical conditions you had before this crash
- Accident details: A step-by-step account of how the car accident happened
- Medical treatment: Every doctor you’ve seen and treatments you’ve received
- Daily impact: How injuries affect your work, household tasks, and hobbies
- Financial losses: Medical bills, lost wages, and property damage costs
Sample Car Accident Questions
Since we focus exclusively on auto accidents, we know exactly what defense attorneys will ask. They often get very specific about details.
Typical questions include:
- “What speed were you traveling just before the collision?”
- “Did you see the other vehicle before impact occurred?”
- “Have you experienced neck pain before this accident?”
- “What activities can you no longer participate in?”
- “Describe the first sensation you felt after the crash.”
At Beck & Beck Missouri Car Accident Lawyers, we help you practice answering these types of questions during your preparation session.
How Do I Prepare for My Deposition?
Proper preparation is the best way to reduce anxiety and ensure your deposition goes smoothly. We’ll meet with you beforehand to conduct practice sessions and review likely questions.
Our preparation process includes:
- Document review: Going through medical records, accident reports, and other evidence to refresh your memory
- Question practice: Rehearsing answers to common questions clearly and concisely
- Case facts review: Understanding key details and how to present them effectively
- Document organization: Arranging any materials you might need to reference
Day-of Checklist
On deposition day, a little planning makes a big difference in how things go.
What to do on deposition day:
- Dress professionally: Wear business attire as you would for a job interview
- Arrive early: Give yourself time for a final review with your attorney
- Bring necessities: Include glasses, prescribed medications, or anything else you need
- Eat beforehand: You’ll be talking for hours, so have a good meal first
- Turn off devices: Avoid all distractions by powering down your phone completely
Remote and Video Tips
Many depositions now happen over video platforms like Zoom. The camera records your expressions and body language, so preparation is even more important.
For video depositions:
- Stable connection: Ensure reliable internet to avoid technical problems
- Professional setting: Choose a quiet room with a simple, clean background
- Good lighting: Position yourself so your face is clearly visible
- Document placement: Keep case materials nearby but out of camera view
What Should I Not Say or Do in a Deposition?
Your deposition testimony is critical evidence that can make or break your personal injury claim. Following simple guidelines helps protect your case and strengthens your position.
Do’s That Help Your Testimony
Best practices for strong testimony:
- Listen completely: Wait for the attorney to finish speaking before you answer
- Stay truthful: Tell the truth even if you think a fact might hurt your case
- Remain calm: Don’t get angry or argue with the opposing lawyer
- Ask for clarity: If you don’t understand a question, request that it be rephrased
- Take time: Pause to think before speaking if you need a moment
Don’ts That Can Hurt Your Case
Mistakes that weaken your position:
- Don’t guess: Say “I don’t know” or “I don’t recall” when you’re uncertain
- Don’t volunteer: Answer only the specific question asked without adding extra details
- Don’t exaggerate: Stick to facts about your injuries and their effects
- Don’t chat: Avoid friendly conversation with opposing counsel during breaks
- Don’t speculate: Only testify about what you personally saw or experienced
Can I Change or Correct My Deposition Testimony in Missouri?
Yes, Missouri law allows you to review your deposition transcript and make corrections. The court reporter prepares the written transcript and sends it to you for review within about 30 days.
You can list changes on a separate form called an errata sheet. There are two types of corrections you’re allowed to make.
- Form corrections fix simple transcription errors like misspelled names or incorrect dates.
- Substance changes alter the actual content of your answers to clarify or correct statements you made.
Be careful with substantial changes to your testimony. The defense attorney can question you at trial about why your story changed, which might hurt your credibility with the jury.
How Do Missouri Rules Affect My Deposition?
Missouri’s Rules of Civil Procedure set guidelines for depositions and provide important protections during the process. Understanding these rules helps you know what to expect.
Scope, Objections, and Privilege
The scope of questioning is broad but not unlimited. Your attorney can object to questions that are harassing, repetitive, or seek privileged information like conversations with your lawyer.
You’ll usually still have to answer after the objection is noted for the record. However, your lawyer can instruct you not to answer questions that violate attorney-client privilege or other legal protections.
Reviewing and Signing the Transcript
Under Missouri rules, you have a limited time to review your deposition transcript and request any necessary corrections. Signing the transcript confirms it’s an accurate record of your testimony.
If you don’t review and sign within the time limit, the transcript can still be used in court. That’s why it’s important to carefully read through everything and note any problems.
Use at Trial and Impeachment
If your case goes to trial, the defense attorney can use your deposition testimony to “impeach” you if your trial testimony differs. This means they’ll point out inconsistencies to make you seem less believable to the jury.
Depositions can also replace live testimony if witnesses become unavailable. This makes your deposition performance even more important to your case’s success.
EUO vs. Deposition in Auto Claims
In car accident cases, you might face another type of sworn statement called an Examination Under Oath (EUO). It’s important to understand how these differ from depositions.
- An EUO is requested by your own insurance company as part of your policy requirements. This usually happens before any lawsuit is filed and focuses narrowly on your claim details.
- A deposition is conducted by the at-fault party’s attorney after a lawsuit is filed. The questioning is much broader and covers many aspects of your life and the accident.
Both involve giving answers under oath, but they happen at different stages for different reasons. We’ll help you prepare for whichever type of testimony you face.
Will a Strong Deposition Help My Case Settle?
A strong deposition performance significantly increases your chances of a fair settlement. When insurance companies see you’re a credible witness, they’re more likely to offer reasonable money to avoid trial risk.
Strong deposition benefits:
- Higher offers: Clear, honest testimony shows you’d be compelling to a jury, which directly impacts how settlements are calculated
- Faster resolution: Insurance companies want to settle rather than risk trial
- Better negotiation: Your credibility strengthens our position in settlement talks
Weak deposition consequences:
- Lower offers: Inconsistent or confusing testimony reduces case value
- Settlement refusal: Insurers may refuse to settle if they think they can win at trial
- Delayed resolution: Poor performance can drag out the legal process
When Do Depositions Happen in Missouri Car Accident Cases?
Depositions typically occur during the discovery phase of your lawsuit. This is after we’ve filed your case but before any trial begins.
The timing depends on several factors. Simple cases might have depositions within six months of filing, while complex cases with multiple parties could take longer to reach this stage.
Factors affecting timing:
- Case complexity: More complicated accidents require more investigation time
- Number of parties: Multiple defendants can slow down the scheduling process
- Medical treatment: We often wait until you reach maximum medical improvement
- Court schedules: Available dates for all attorneys and parties involved
We’ll give you plenty of advance notice when your deposition is scheduled. This ensures adequate preparation time and reduces any anxiety about the process.
What Happens After My Deposition?
After your deposition concludes, several things happen that can affect your case’s direction and timeline.
The court reporter prepares the official transcript, which usually takes a few weeks. We’ll review it carefully for any errors or important details that might help your case.
Post-deposition steps:
- Transcript review: We examine your testimony for strengths and potential issues
- Strategy adjustment: Your performance may influence our settlement approach
- Settlement discussions: Strong testimony often leads to immediate settlement offers from insurance companies
- Trial preparation: If needed, we use deposition insights to prepare for court
Many cases settle shortly after depositions when insurance companies realize the strength of your testimony. Others may require additional depositions of witnesses or experts before resolution.
Need Help With a Deposition Today?
Facing a deposition can feel overwhelming, but you don’t have to handle it alone. At Beck & Beck Missouri Car Accident Lawyers, we’re the only law firm in Missouri that focuses exclusively on auto accident law.
We help injured people navigate depositions. Our attorneys will prepare you thoroughly with mock deposition sessions and stand by your side to protect you during the real thing.
Our deposition support includes:
- Comprehensive preparation: Practice sessions to build your confidence
- Day-of representation: We’ll be right there to guide and protect you
- Transcript review: Careful examination to catch any errors or issues
- Strategic planning: Using your testimony to strengthen settlement negotiations
We offer free case evaluations, and you pay no fees unless we win your case. Contact us online for immediate help with your deposition preparation.
Frequently Asked Questions
How Long Do Missouri Personal Injury Depositions Last?
Most depositions last two to four hours, though Missouri courts can limit them to seven hours unless there’s good reason for more time.
Can I Change My Deposition Answers in Missouri?
Yes, you can review the transcript and make corrections on an errata sheet within 30 days of receiving it.
Will My Deposition Be Videotaped?
Video recording is very common in Missouri personal injury cases, and your attorney will inform you of the format in advance.
What if I Don’t Remember Something During My Deposition?
It’s perfectly acceptable to say “I don’t remember” or “I don’t recall” rather than guessing at an answer.
Who Pays for the Deposition and Court Reporter?
The party requesting the deposition, usually the defense, pays for the court reporter and original transcript costs.
Can My Lawyer Stop the Deposition if Something Goes Wrong?
Yes, your attorney can object to improper questions, request breaks, or even suspend the deposition in extreme circumstances.
What Happens if I Miss My Scheduled Deposition?
Missing a properly scheduled deposition can result in court sanctions, fines, or even dismissal of your case.
Do Most Cases Settle After Depositions Are Completed?
Yes, depositions are often a turning point, and many Missouri personal injury cases settle shortly after they’re finished.
