A deposition is sworn testimony taken outside court during discovery, authorized under 12 O.S. § 3230. In a burn injury case, the opposing attorney questions you under oath while a court reporter transcribes every word for possible use at trial. Preparing with your attorney beforehand protects your testimony and your case.
Understanding What a Deposition Is
A deposition is formal sworn testimony given outside a courtroom during your lawsuit’s discovery phase. As Cornell Law School’s Legal Information Institute explains, a deposition lets each side question witnesses under oath before trial. You will answer questions from the opposing attorney while a court reporter transcribes every word.
Depositions serve several purposes:
- Discover information from each side before trial
- Gather facts and preserve testimony about your burn injury for later use
- Let the defense assess how you might perform as a witness at trial
Seeking Legal Counsel
Before anything else, secure representation from an experienced Oklahoma City burn injury attorney. At Hasbrook & Hasbrook, we review your case materials, prepare you for questioning, and object to inappropriate inquiries during the deposition. Your attorney understands the physical and emotional toll a severe burn injury takes on you and your family, and works toward securing fair compensation on your behalf.
Who Will Be Present at Your Deposition
Understanding who attends can ease anxiety about the process. Your deposition will typically include your attorney, the court reporter, the opposing attorney, and sometimes an insurance adjuster or the defendant. Depositions usually happen in an attorney’s office or over video conference rather than in a courtroom, but the proceeding remains formal and legally binding.
Reviewing Your Case Materials
Before your deposition, thoroughly review all case materials with your attorney, including medical records, incident reports, injury photos, insurance correspondence, and any witness statements. Keeping thorough records of your injuries both prepares you for questioning and strengthens your case.
What You’ll Be Asked About
The opposing attorney will likely ask about your background, your physical condition before the injury, how the burn occurred, the medical treatment you received, and how the injury has affected your daily life and pain levels. Defense lawyers often also ask about family, employment, and past medical history that may seem unrelated. These questions are not random. They are strategic.
Why Defense Lawyers Ask “Irrelevant” Questions
During depositions, defense attorneys conduct what amounts to a fishing expedition, searching for anything that might contradict your story, suggest a pre-existing condition, or undermine your credibility. Understanding this strategy helps you stay focused during questioning instead of becoming frustrated by unrelated inquiries.
Essential Preparation Tips
Keep these fundamentals in mind as you prepare:
- Tell the truth. Discuss uncomfortable topics with your attorney beforehand, and never guess an answer. If you don’t know, say so.
- Answer only what’s asked. Listen carefully and respond to the question, not more. Volunteering extra detail can open new avenues for questioning.
- Stay consistent. Your testimony should align with your medical records and any prior statements to police or providers.
- Be careful with numbers. When you’re unsure of a time, distance, or amount, say you’re estimating.
- Remain calm and professional. Avoid combative responses even under aggressive questioning, and let your attorney handle disputes.
- Save settlement talk for later. Those discussions happen between the attorneys, not during your testimony.
- Understand your role. A deposition is not the place to tell your complete story. Your attorney will present your full case at the right time.
Understanding What Happens During a Deposition
Depositions typically last up to seven hours and follow a structured question-and-answer format. The process generally unfolds in sequence: you are sworn in, the opposing attorney questions you, your attorney may object to improper questions, and afterward the court reporter prepares a transcript.
Set realistic expectations. You cannot “win” your case during a deposition, and being overly accommodating rarely results in an immediate settlement offer. Consider it one step in your legal journey.
The Psychological Impact of Legal Proceedings
Research published in PMC shows that legal proceedings can affect mental health, including increased stress from reliving traumatic events and deposition anxiety. Studies also show that when plaintiffs perceive the process as fair, their mental health tends to improve. Consider talking with a therapist before your deposition, and lean on your attorney for guidance on the emotional side of your case.
After Your Deposition
Once your deposition is complete, debrief with your attorney about your responses and any concerns. Continue documenting your recovery and follow your attorney’s advice on the next steps in your case.
Understanding Burn Injury Compensation
Burn injury settlements typically account for both economic damages, such as medical expenses, lost wages, and rehabilitation costs, and non-economic damages like pain and suffering, emotional distress, and disfigurement. Research on burn injuries published in PubMed found that short-term disability rates rise from 8.1% before injury to 20.3% after, and average short-term disability days more than double, from 3.70 to 9.34 days. These figures underscore why proper compensation matters.
Conclusion
A deposition is a critical milestone in your burn injury case. Proper preparation with your attorney, honesty, and a calm, professional demeanor throughout the process all strengthen your testimony. Oklahoma law also sets deadlines for filing a personal injury lawsuit, so consistent communication with your attorney is essential to protecting your claim. Hasbrook & Hasbrook is here to guide you through each step and help you pursue fair compensation for your injuries.
