What to Expect During a Deposition in an Injury Lawsuit

July 29, 2026

What to Expect During a Deposition in an Injury Lawsuit

If you’re pursuing an injury lawsuit—whether due to asbestos exposure, toxic chemicals, a defective medical device, or another harmful product—you will likely go through a legal step called a deposition. While the term might sound intimidating, especially if you’ve never been involved in a legal case, understanding what a deposition is and how to prepare for it can ease your anxiety.

At Waters Kraus Paul & Siegel, we know that facing a lawsuit is often one of the most challenging experiences of a person’s life. Our attorneys are here to support you every step of the way, including preparing for and attending your deposition. This guide will help you understand the deposition process and what to expect.

What Is a Deposition?

A deposition is a formal question-and-answer session conducted under oath, usually as part of the discovery phase of a lawsuit. It typically takes place in a lawyer’s office—not a courtroom—and is attended by a court reporter who creates a transcript of everything said.

As the plaintiff (the person filing the lawsuit), you’ll answer questions from the defense attorney (the lawyer representing the company or party you’re suing). Your own attorney will be right there with you to protect your rights, raise objections and support you throughout the process. These sessions are often recorded on both audio and video.

Why Depositions Matter in an Injury Case

Depositions play a critical role in building your case. They allow both sides to:

  • Gather facts prior to a trial directly from you about your injuries, how they occurred, and how your life has been impacted.
  • Hear your story in your own words.
  • Evaluate your credibility and communication as a witness.
  • Lock in testimony that may be used in court.
  • Explore settlement options by assessing the strength of each side’s case.

Who Attends a Deposition?

The following people are usually present:

  • You, the deponent – answering questions under oath.
  • Your attorney – advocating for you and guiding you through the process.
  • The defense attorney(s) – asking questions on behalf of the defendant.
  • A court reporter – recording a word-for-word transcript.
  • A videographer – to document the conversation.

Although the setting is informal compared to a courtroom, the testimony you give carries legal weight and must be taken seriously.

Special Circumstances for Seriously Ill Plaintiffs

Many of our clients suffer from serious illnesses, such as silicosis or mesothelioma, a terminal cancer caused by asbestos exposure. In such cases, a deposition may need to happen quickly—and in a location that accommodates the client’s health.

Rather than taking place in a law office, mesothelioma depositions may be conducted in the client’s home, hospital room, or hospice care facility. Our legal team has extensive experience managing these sensitive situations, and our attorneys work closely with families and healthcare providers to ensure the process is as comfortable and respectful as possible.

We understand the urgency in these cases. Depositions are often scheduled early to preserve critical testimony while the client is still able to participate. Your voice matters, and we’re committed to helping you be heard, even under difficult circumstances.

How to Prepare for a Deposition: Practical Tips

It’s completely normal to feel nervous before your deposition. Good preparation can ease your mind and help you feel ready. Here’s what to keep in mind:

  • Be honest: Always tell the truth. Your answers are under oath and may be used later in court.
  • Meet with your lawyer: Before the deposition, your attorney will review your case, explain the process, and help you practice responding to common questions.
  • Listen carefully: Make sure you understand each question before answering. Don’t be afraid to ask for clarification.
  • Answer only the question asked: Keep responses brief and to the point. Avoid guessing or volunteering extra details.
  • Stay calm and polite: Even if the questions become tough or repetitive, remain composed. Your lawyer will step in if anything becomes inappropriate.
  • Take breaks if needed: Depositions can be long. You have the right to request breaks or consult privately with your attorney at any time.

About Waters Kraus Paul & Siegel

Waters Kraus Paul & Siegel is a national plaintiffs’ law firm devoted to helping families in personal injury and wrongful death cases involving asbestos and mesothelioma, silicosis, benzene exposure, dangerous pharmaceuticals, medical devices, and birth defects caused by pesticides, toxic chemicals, opioid use, and semiconductor chip manufacturing. The law firm also represents plaintiffs in qui tam whistleblower matters and cases that uncover false claims submitted to the government. Based in Dallas, Texas, with offices in Los Angeles, California, and Moline, Illinois, Waters Kraus Paul & Siegel has represented families from all fifty states and many foreign countries, as well as foreign governments.

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