If you’ve filed a personal injury lawsuit in Texas, one of the most important steps in the legal process is the deposition. It’s a formal interview taken under oath, and it can play a major role in shaping the outcome of your case — whether your claim settles or goes to trial.
Understanding what a deposition is, how it works, and how it affects your personal injury claim can help you feel more confident and prepared throughout the litigation process.
What Is a Deposition?
A deposition is a legal proceeding where a witness or party to a lawsuit is questioned under oath by the opposing attorney. It takes place outside of court, typically in a law office or via video conference, and is recorded by a court reporter.
Depositions are part of the discovery process, which is the phase of a lawsuit where both sides gather evidence and learn what the other side knows.
The purpose of a deposition is to:
- Preserve testimony
- Learn facts about the case
- Evaluate the credibility of witnesses
- Lock in statements that may later be used at trial
Who Can Be Deposed in a Personal Injury Case?
In a Texas personal injury lawsuit, depositions may be taken from:
- The injured party (plaintiff)
- The defendant (such as a driver, business, or property owner)
- Eyewitnesses
- First responders
- Treating physicians
- Expert witnesses (medical, vocational, accident reconstruction, etc.)
In some cases, insurance adjusters or corporate representatives may also be deposed.
What Questions Are Asked During a Deposition?
The questions in a deposition will vary based on the case, but typical areas of focus include:
- Your background (education, employment, medical history)
- Details of the accident (how it occurred, who was involved)
- Your injuries (diagnosis, treatment, prognosis)
- Impact on your daily life, work, and family
- Any previous injuries or claims
- Your recollection of key events before and after the incident
Attorneys may also ask about documents, photos, or statements that have already been submitted during discovery.
How Long Does a Deposition Take?
In Texas, depositions are generally limited to six hours per witness, unless the court allows more time. However, most depositions in personal injury cases last two to four hours, depending on complexity and the number of issues involved.
Why Depositions Matter in Personal Injury Lawsuits
Depositions can influence the outcome of a case in several ways:
- They reveal how strong or weak each side’s case is
- Inconsistent or damaging testimony can be used in court
- Insurance companies often decide settlement value based on deposition performance
- Witness credibility can make or break a trial
A well-prepared deposition can put pressure on the opposing side to settle, especially if your testimony is clear, consistent, and compelling.
Tips for a Successful Deposition
If you’re giving a deposition in your personal injury case, your attorney will help you prepare. Some key tips include:
- Tell the truth — You are under oath
- Don’t guess — If you don’t know or can’t remember, say so
- Take your time — Listen carefully and pause before answering
- Stay calm and respectful — Even if the questions are uncomfortable
- Stick to the facts — Avoid speculation or long explanations
Preparation is key. Your attorney will go over likely questions, review your medical records and accident reports, and help you avoid common pitfalls.
Spagnoletti Law Firm Prepares Clients for Every Step of the Legal Process
If you’ve filed a personal injury lawsuit in Texas, you don’t have to face the deposition process alone. At Spagnoletti Law Firm, we guide clients through every stage of litigation — including preparing for depositions with the skill and strategy your case deserves.
We represent individuals across Texas in serious injury cases involving car crashes, commercial trucks, workplace accidents, and more. Our goal is to protect your rights, build a strong case, and maximize your recovery.
📞 Call 713-804-9306 today for a free consultation with a Texas personal injury attorney. No fees unless compensation is recovered.