What to Focus On During Your Deposition (and How Not to Sink Your Own Case)
Published March 25
By The Chaney Law Firm — Oklahoma Personal Injury Attorneys
If you’ve been injured in a car wreck, at work, or on someone else’s property, there’s a good chance you’ll eventually have to give a deposition.
A deposition is a formal question-and-answer session, usually in a conference room, with attorneys present. You are sworn in under oath, just like you’re in court. The insurance company’s lawyer will ask you questions. A court reporter will type every word. Your answers can and will be used later.
That sounds intimidating. And honestly? It can be… if you walk in unprepared.
This guide will walk you through:
· What a deposition is
· What the other side is really trying to do
· What to focus on while you’re answering questions
· The biggest mistakes that can hurt your case
If you remember nothing else, remember this:
Your job in a deposition is not to “win.” Your job is not to argue. Your job is to tell the truth, clearly and carefully, without volunteering extra information.
1. Tell the Truth — Every Single Time
This is number one for a reason.
A deposition is under oath. Lying (even a “small fix” to make yourself look better) can destroy your case. If the insurance company catches you in one lie, they’ll act like they can’t trust anything else you say — about your pain, your limitations, your lost wages, all of it.
Here’s what “telling the truth” actually means in practice:
· Don’t guess.
· Don’t assume.
· Don’t round up or exaggerate.
· Don’t downplay, either.
If you don’t remember something exactly, it's okay — and smart — to say:
· “I don’t recall.”
· “Not at this time.”
· “I’m not sure.”
That is honest. Guessing is not.
Insurance lawyers love to ask questions designed to lock you into specific details (“How fast were you going? 32? 34? 36?”). If you truly don’t know, say so.
Never guess to sound helpful. Guessing becomes “your answer,” and they will use it against you.
2. Slow Down. You Are Allowed to Think
Most people talk too fast in depositions because they’re nervous.
That helps the insurance company.
Here’s what you should do instead:
1. Listen to the entire question.
2. Pause.
3. Ask yourself: Do I understand the question?
4. Answer only what was asked.
You control your pace. Not them.
That little pause does a few important things:
· It gives you time to think before you answer.
· It gives your attorney time to object if needed.
· It keeps you from talking yourself into a corner.
Fast answers create messy answers. Messy answers get twisted.
3. Answer Only the Question That Was Asked
This one sounds simple, but most people struggle with it.
If the lawyer asks:
“Did you go to the ER after the crash?”
The correct answer is:
“Yes.” or “No.”
The wrong answer is:
“Well, I didn’t go that night because I had to pick up my kids and honestly I thought it was just soreness but then the next morning I couldn’t move my neck so I went to Urgent Care and they—”
Stop. That speech gives them:
· A timeline to poke holes in (“So you were fine that night?”)
· A chance to argue you weren’t hurt badly (“You picked up your kids, right?”)
· A chance to say you delayed treatment (“Why wait until morning?”)
They are not asking follow-up for your benefit.
Rule:
Short, honest, direct answers. Nothing extra.
You are not in charge of filling silence. It’s not your job to explain everything. Let them ask for more if they want more.
4. Don’t Argue. Don’t Get Cute. Stay Calm.
Insurance attorneys sometimes ask questions in a way that makes you feel defensive, guilty, or angry.
That’s not an accident.
If they can get you emotional, you talk more. If you talk more, you give them more.
Here’s how to protect yourself:
· Keep your voice calm.
· Keep your body calm.
· Don’t sigh, roll your eyes, get sarcastic, or “fire back.”
· Don’t try to “beat” the other lawyer.
Juries like calm, reasonable people who look like they’re just telling the truth.
If you get mad in your deposition, that anger may be read back in court, word for word, later.
Let your attorney do the fighting. Your job is control.
5. Be Clear and Consistent About Your Injuries
You will be asked about:
· Your pain
· What parts of your body are injured
· What you can’t do now that you could do before
· How this injury affects daily life
This is not the time to “act tough.”
Do not say “I’m fine” if you are not fine.
Do not say “it’s no big deal” if you wake up in pain every morning.
Here’s the mindset:
· You are not complaining.
· You are reporting.
Describe what your actual life looks like now.
Example:
Instead of “My back hurts,” say:
“Since the accident, I can’t stand more than 15 minutes without sharp pain in my lower back. I used to cook dinner every night. Now I have to sit down halfway through.”
Specific is believable. Vague is weak. Exaggerated is dangerous.
Be truthful, be specific, be consistent.
6. Be Honest About Your Medical History (They Already Have It)
You will be asked:
· “Have you ever hurt this body part before?”
· “Have you ever made a claim before?”
· “Have you ever had back pain / neck pain / headaches before this accident?”
You may be tempted to say no because you’re afraid they’ll use it against you.
Here’s the problem: if you’ve ever gone to a doctor for that body part — ever — they WILL find it.
And if you say “no,” they will call you a liar.
It is 100% better to say:
“I had mild lower back soreness a few years ago from lifting at work, but it went away in a couple days. This pain now is different. This pain is daily and sharp, and it goes down my leg.”
That answer does two things:
1. It’s honest.
2. It separates the old issue from the new one.
That’s exactly what we want.
7. Don’t Guess About Time, Distance, Speed, or Measurements
They love numbers questions:
· “How fast were you going?”
· “How far away was the other car?”
· “How long were you on light duty?”
· “How many pounds can you lift now?”
If you know, answer simply.
If you don’t know, say:
“I don’t know exactly.”
“I’m not sure.”
“I’d only be guessing.”
That’s a perfectly acceptable answer in a deposition.
What you DO NOT want to do is take a guess, throw out a number, and then have them use that guess to argue against you later.
They will.
8. Ask for the Question to Be Repeated If You Need It
If you don’t understand a question, do not answer it.
Say:
· “Can you repeat the question?”
· “I don’t understand the question.”
· “Can you restate that more clearly?”
Do not answer something you don’t understand just to be polite.
Once you answer, they will act like you fully understood it. That can hurt you.
You are allowed to protect yourself.
9. Remember: This Is Not Casual Conversation
The insurance attorney may try very hard to sound friendly.
They may nod.
They may act like they “just want to understand what happened.”
That’s not why they’re there.
They are not your friend.
They are not your therapist.
They are not your doctor.
They are doing a job: to pay you less.
Treat every single question like it matters — because it does.
10. You Are Allowed to Take Breaks
You are not trapped in the chair.
If you’re in pain, if you’re overwhelmed, or if you just need a minute to breathe, you can ask for a break. Just say:
“I need a short break, please.”
Take water. Stretch. Reset.
Do NOT talk about your answers or the case in the hallway or bathroom where the court reporter might still be nearby. Save case talk for a private moment with your attorney.
Key Things to Focus On During Your Deposition
Let’s put it all in one place:
· Tell the truth. Every time.
· Slow down. Think first.
· Answer only what was asked. Stop talking after you’ve answered.
· Do not guess. “I don’t know” is better than a wrong answer.
· Describe your pain honestly — don’t exaggerate, don’t minimize.
· Stay calm, even if the other lawyer is pushing you.
· Protect yourself, not the insurance company’s feelings.
· Let your attorney worry about strategy. You worry about accuracy.
Your deposition is a serious moment in your injury case. Insurance companies use it to look for weakness, inconsistency, or anything they can spin to avoid paying you fair compensation.
When you stay calm, stay truthful, and stay in control of your answers, you protect the value of your case.
Injured and Being Asked to Sit for a Deposition?
Do not walk into that room alone.
The insurance company will have a lawyer whose only job is to reduce what you’re paid. You deserve someone whose only job is to protect you.
At The Chaney Law Firm, we prepare our clients before the deposition, stay with them in the room, and make sure the process is fair and legal. We make sure you’re not bullied, pressured, or tricked.
You focus on healing.
We focus on protecting your case.
Contact The Chaney Law Firm today to talk about your injury case and your upcoming deposition