Common Deposition Questions: Personal Questions and Background History

A deposition is a discovery tool used in the pre-trial procedure. It is utilized by the parties in a lawsuit to find out what witnesses know and to preserve the testimony of witnesses. A deposition is an oral statement of a witness given under oath and recorded by a stenographer or court reporter. 

Both the plaintiff and the defendant in a lawsuit have the right to depose the witnesses from the opposing side. A deposition is a very effective means of finding out the facts of the case and discovering the strengths and weaknesses of the case. 

Auto Accident Depositions

In an auto accident personal injury case, the plaintiff’s attorney is likely to depose the defendant and the defendant’s attorney is likely to depose the plaintiff. Both the plaintiff and the defendant will be asked questions about the accident. Additionally, they will be asked personal questions that may not seem particularly relevant but could ultimately impact settlement negotiations and/or trial strategy. Examples of common personal and background history questions that may be asked include: 

• How old are you?
• Are you married?
• How long have you been married?
• Do you have children?
• How old are your children?
• Where do you work?
• What is your job title?
• What are you job duties?
• How much money do you make?
• How much do you weigh?
• Do you have any health problems?
• Do you take any medications?
• Have you been in other car accidents?
• Have you ever been injured in a car accident?
• Have you ever been injured in any other type of accident?
• What are your hobbies?
• Do you smoke?
• Do you drink?
• Have you ever had a moving violation?
• Have you ever filed a personal injury lawsuit? 

Getting Legal Help

Your personal injury attorney will prepare you for the deposition by reviewing the facts of the case with you. Because the statements you make in a deposition can be used to undermine your credibility if you go to trial, it’s imperative that you answer the questions clearly, concisely, and honestly. It’s important to note that your demeanor and how you answer questions at a deposition will be used by both your attorney and the opposing attorney to evaluate whether you will make a good witness at trial. Whether you will make a good witness will have a big impact on settlement negotiations.