Burn injuries rank among life’s most painful and traumatic experiences. When someone else’s negligence caused your suffering, seeking compensation through a personal injury lawsuit becomes your right. During this journey toward justice, you’ll likely face a deposition—a pivotal moment that can significantly influence your case’s outcome.
Understanding What a Deposition Is
A deposition is formal sworn testimony given outside the courtroom during your lawsuit’s discovery phase. You’ll answer questions from the opposing attorney while under oath, with every word transcribed by a court reporter for potential later use in court.
Why does this matter? Depositions serve multiple crucial purposes:
- Discover information from each side before the trial
- Gather facts about your burn injury case
- Preserve testimony for later use
- Facilitate examination of relevant evidence to reach a fair resolution
- Assess how you might perform as a witness if the case goes to trial
Seeking Legal Counsel
Before anything else, secure representation from a trusted burn injury attorney. Experienced legal counsel becomes your advocate throughout this challenging process, providing essential guidance when you need it most.
An experienced attorney will help you review all case-related documents, gather incident evidence, and prepare you for questioning. They’ll object to inappropriate inquiries during the deposition and work relentlessly toward securing fair compensation. Most importantly, they understand the physical and emotional toll severe burn injuries take on victims and their families.
Who Will Be Present at Your Deposition
Understanding the participants can ease anxiety about the process. Your deposition will typically include:
- Your attorney (protecting your interests)
- The court reporter (transcribing everything)
- The opposing attorney (asking questions)
- Sometimes the insurance adjuster
- Sometimes the defendant
- A person qualified to administer oaths (often the court reporter)
While depositions usually occur in an attorney’s office, court reporter’s office, or over Zoom rather than in a courtroom, the proceeding maintains its formal, legally binding nature.
Reviewing Your Case Materials
Before your deposition, thoroughly review all case materials with your attorney. This preparation ensures your testimony remains consistent and accurate.
Examine your medical records, incident reports, injury photos, insurance correspondence, employment records (if your burns affected your ability to work), and any witness statements. Documenting your injuries properly serves two important purposes: it prepares you for questioning and provides reference materials that strengthen your case.
What You’ll Be Asked About
Common Topics in Burn Injury Depositions
The opposing attorney will likely explore several areas in detail:
- Basic background information (name, address, education)
- Your physical condition before the burn injury
- How your burn injury occurred
- What do you remember about the incident
- Witnesses present at the time of the accident
- Your immediate actions following the injury
- Medical treatment you’ve received
- How the burns have impacted your daily life
- Your pain levels and recovery process
- Anyone you spoke with immediately after the incident
Surprising Topics That May Arise
Defense lawyers often venture into seemingly irrelevant territory, asking about your family arrangements, employment history, marital status, past medical issues, childhood, and even hobbies or recreational activities. These questions aren’t random—they’re strategic.
Why Defense Lawyers Ask “Irrelevant” Questions
During depositions, defense attorneys conduct what amounts to a fishing expedition. They’re searching for anything that might contradict your story, suggest pre-existing conditions, undermine your credibility, minimize your injuries’ impact, or expose inconsistencies in your testimony.
Understanding this strategy helps you maintain focus during questioning without becoming frustrated by seemingly unrelated inquiries.
Essential Preparation Tips
Tell The Truth
This fundamental rule extends beyond simply not lying. Before your deposition:
Discuss uncomfortable topics with your lawyer. Every case has aspects that are difficult to address. Work through these with your attorney beforehand.
Don’t guess the answers. If you don’t know something, say so. Guessing compromises the “whole truth.”
When a question seems unclear, ask for clarification rather than attempting to answer. Ensure you understand exactly what’s being asked.
Avoid absolute statements like “always” and “never”—they create vulnerability. For example, saying, “I’ve never had a headache before this accident,” could be easily disproven.
Leave the door open when facing comprehensive questions. When asked, “Tell me everything” or “What are all of the problems you’ve had?” respond with “That’s all I remember right now” or similar language.
Answer Only What’s Asked
The deposition process requires setting aside some social norms. Listen carefully to each question and answer only what was asked—no more, no less. Don’t volunteer additional information. Stick to the facts and focus exclusively on the question at hand.
One exception exists: When discussing how the burn injury has impacted your life, more detailed responses may be appropriate. Your attorney will guide you on when elaboration serves your case.
Maintain Consistency
Your credibility depends on consistent testimony. Your deposition answers must align with previous written responses, statements to police or medical providers, medical records, and any other statements about the incident. Inconsistencies can severely damage your case’s strength.
Be Careful with Numbers
We humans often struggle with precise numerical details. Exercise particular caution when discussing time frames, distances, speeds, quantities, or frequencies. When unsure, provide an estimate while clearly indicating you’re approximating.
Remain Calm and Professional
Your role is to answer questions, not confront the lawyer. Avoid combative or argumentative responses, even when facing aggressive questioning. Let your attorney handle any disputes that arise. Maintain composure and show respect throughout the proceeding.
Emotions naturally rise during personal injury cases, especially when discussing traumatic burn injuries. However, refrain from overreacting to provocative questions. Answer calmly and respectfully, remembering that your demeanor affects how your testimony is perceived. Practice deep breathing if you feel yourself becoming emotional.
Don’t Volunteer Additional Information
Even when your answer feels incomplete, resist the urge to elaborate unless specifically asked to do so. Additional information creates new avenues for questioning, potentially leading to inconsistencies that might harm your case.
Save Settlement Discussions for Another Time
While 95% of civil cases end in settlement, keep negotiations separate from the deposition. These discussions should occur between your attorney and the opposing side at appropriate times.
Understand Your Role
The deposition isn’t the place to tell your complete story. If the lawyer doesn’t ask about something important, don’t worry—your attorney will help present your full case at the right time and place.
Understanding What Happens During a Deposition
Depositions typically last up to seven hours but may require multiple days of questioning. Unlike casual conversation, they follow a structured question-pause-answer format.
The process generally unfolds in this sequence:
- You’ll be sworn in by the court reporter
- The opposing attorney begins questioning you
- Your attorney may object to inappropriate questions
- You answer each question truthfully and concisely
- After the defendant’s attorney finishes, your attorney may ask clarifying questions
- The deposition concludes, and the court reporter later provides a transcript
Set realistic expectations—you cannot “win” your case during a deposition. Being overly accommodating to the defense attorney rarely results in an immediate settlement offer. Consider the deposition just one step in your legal journey.
The Psychological Impact of Legal Proceedings
Research published in PMC reveals that legal proceedings significantly affect mental health. As a burn victim, you may experience secondary victimization from the legal process itself, increased stress from reliving traumatic events, deposition anxiety, and frustration with legal delays.
Studies show plaintiffs often develop poor mental health coping strategies and increased pessimism about their future. However, when victims perceive legal proceedings as fair, their mental health improves—resulting in better quality of life and decreased depression.
Consider consulting a therapist before your deposition to prepare mentally. Your attorney can provide additional guidance on managing the emotional aspects of your case.
After Your Deposition
Once completed, debrief with your attorney about your responses and any concerns. Discuss the next steps, continue documenting your recovery, and follow your attorney’s advice regarding future proceedings.
Understanding Burn Injury Compensation
Burn injury settlements typically account for both economic and non-economic damages:
Economic Damages
Current and future medical expenses, lost wages, rehabilitation costs, and property damage all factor into your compensation.
Non-Economic Damages
These harder-to-quantify losses include pain and suffering, emotional distress, disfigurement, and diminished life enjoyment.
Research on burn injuries published in PubMed demonstrates their significant impact: short-term disability rates increase from 8.1% pre-injury to 20.3% post-injury, while long-term disability rates rise from 0% to 1%. Average short-term disability days more than double after burns (from 3.70 to 9.34 days).
These statistics underscore burn injuries’ serious life impact and highlight why proper compensation matters.
Conclusion
A deposition represents a critical milestone in your burn injury lawsuit. While potentially intimidating, proper preparation with your attorney enables successful navigation of this process. Remember the fundamentals: be honest, concise, and professional throughout.
Your attorney will guide you through each step, protecting your rights and interests. By following this guide’s advice, you’ll provide effective testimony that strengthens your case and improves your chances of receiving fair compensation for your injuries.
As the Scout Motto wisely suggests, “Be prepared.” Work closely with your attorney, tell the truth, answer only what’s asked, and maintain composure throughout the deposition process.