If your personal injury case enters litigation in Nevada, you will almost certainly be deposed — required to answer questions under oath before trial, with a court reporter transcribing every word. For many injury victims, the deposition is the most anxiety-inducing part of the litigation process. Understanding what depositions are, what happens during them, and how to prepare effectively removes much of that anxiety. Marathon Law Group prepares Las Vegas personal injury clients thoroughly before every deposition.
What Is a Deposition and Why Does It Happen?
A deposition is an out-of-court examination of a witness under oath, conducted during the discovery phase of litigation. The opposing attorney (the defense attorney representing the at-fault driver’s insurer) conducts the deposition and asks questions about your background, the accident, your injuries, your treatment, and the impact of your injuries on your life. Your attorney is present and may object to improper questions, but you typically must answer questions unless your attorney instructs you not to. The testimony is transcribed and becomes part of the litigation record. If you say something at deposition that differs from what you say at trial, the defense will use the deposition transcript to challenge your credibility (“impeachment”). This is why deposition preparation matters enormously.
Common Deposition Topics in Nevada Personal Injury Cases
A defense attorney conducting a personal injury deposition typically covers: background and personal history (employment history, prior injuries and medical conditions, criminal history); the accident itself (your description of exactly what happened, where you were going, what you observed, what you did); your injuries (every part of your body that was hurt, when you first noticed symptoms, how they have changed over time); your medical treatment (every provider you have seen, what they did, what you were told); the impact on your daily life (limitations on work, activities, relationships, sleep); prior claims history (any prior accidents, workers’ comp claims, or personal injury lawsuits); and social media and activities (what you have posted publicly that might show physical activities inconsistent with your claimed limitations).
How to Answer Deposition Questions Effectively
The most important deposition rules: tell the truth, always. Answer only what is asked — do not volunteer additional information. If you don’t understand a question, ask for clarification before answering. If you don’t know or don’t remember, say so — “I don’t know” and “I don’t recall” are complete, legitimate answers. Take your time before answering — pausing to think is not suspicious. If your attorney objects, wait to see if they instruct you not to answer. Do not estimate numbers unless you have a reasonable basis — a defense attorney will hold you to your numbers. Never answer a question you aren’t sure you understand.
Preparing for Your Deposition With Your Attorney
Marathon Law Group conducts a thorough deposition preparation session before every client deposition. We review your medical records, prior statements, and the timeline of events together. We walk through likely questions and discuss how to answer them accurately and effectively. We review your social media activity and any prior claims. We discuss how to handle questions about pre-existing conditions, prior accidents, and any inconsistencies in the record. Well-prepared deposition testimony is calm, consistent, and honest — which is exactly what a jury responds to when the transcript is read at trial.
Contact Marathon Law Group for Las Vegas Personal Injury Litigation
Marathon Law Group prepares clients for every phase of personal injury litigation, including depositions. Call (702) 522-1808 for a free consultation about your Nevada case.