Hammers Car Accident & Personal Injury Lawyers | June 17, 2025 | Deposition
A deposition is sworn testimony outside of court. An attorney asks questions, and a court reporter records everything that is said. Being subpoenaed for a deposition can be intimidating for some people. Understanding more about depositions and how they are used in personal injury cases may ease the stress if you are required to give a deposition in a court case.
Who Is Called to Testify at a Deposition in Personal Injury Cases?
Georgia law permits parties in a personal injury lawsuit to subpoena individuals to provide testimony in a deposition.
The individuals who may be called to a deposition include, but are not limited to:
- The plaintiff in the lawsuit (the person who filed the lawsuit)
- The defendant in the lawsuit (the person being sued)
- People who witnessed the accident or incident (eyewitnesses)
- Expert witnesses, including accident reconstructionists, medical specialists, engineers, trucking professionals, economists, etc.
- Family and friends of the parties to the lawsuit
- The injured party’s treating physicians
- Emergency responders and police officers at the accident scene
Depositions are used during the discovery phase of a personal injury lawsuit. The attorneys use depositions to gather additional information. Depositions may also be used to obtain a person’s sworn testimony.
Attorneys examine the person’s previous statements for inconsistencies with the testimony at the deposition. Additionally, if the person changes their testimony in court, the deposition could be used to impeach them.
What Happens at a Deposition in a Personal Injury Case in Lawrenceville, GA?
Depositions often occur at the attorney’s office, which schedules the deposition. However, depositions may be held at another location, especially if the witness lives far away from the attorney’s office.
The parties in the case and their attorneys usually attend depositions in the case. The person being deposed and the court reporter are the other individuals in the room. The court reporter places the person being deposed under oath to tell the truth.
The attorney taking the deposition asks questions. The rules of evidence are not the same in a deposition as they are in court. Therefore, attorneys may ask questions they would not be allowed to ask in court. Unless there is a legal reason for refusing to answer a question, the person is under oath to tell the truth.
After the deposition, the court reporter prepares the official transcript. If the witness did not waive their right to review the transcript, they are allowed to read the transcript for errors. The witness notifies the court reporter of errors.
The court reporter reviews the recording to ensure accuracy and prepares the official transcript. The official transcript is sealed and sent to the attorney taking the deposition, along with a copy. The other attorney may also request a copy of the transcript.
Examples of Deposition Questions in a Personal Injury Case
The questions an attorney asks at a deposition depend on the type of case, the person being deposed, and other factors.
An attorney may ask an injured victim questions about:
- Personal information, including your address, age, occupation, education, skills, and work history
- What they did before, during, and after the accident or injury
- Details of how the injury or accident occurred
- The injuries they sustained, including the medical procedures and treatments they received
- Their health information, including pre-existing conditions and prior injuries
- The economic damages the victim claims, including lost wages, out-of-pocket expenses, medical bills, etc.
- How their injuries impact their daily activities, ability to work, and personal relations
- Their pain, suffering, and other non-economic damages
- The names and locations of all physicians and medical facilities that provided treatment
- The names and contact details of anyone you know who has information about the accident or witnessed the accident
The length of the deposition depends on the complexity of the case and the attorney taking the deposition. If you are testifying at a deposition, you can ask for a break if needed.
Things You Need to Know About Before a Deposition in a Georgia Personal Injury Case
Your attorney cannot tell you how to respond to questions during a deposition. You are under oath to tell the truth.
However, your attorney will prepare you by discussing various tips for depositions, including:
- Arrive a few minutes before the deposition so you have time to use the restroom and are not stressed from running late.
- Dress appropriately for appearing in court, even though your testimony is not being given in court.
- Remain polite, professional, and calm throughout the deposition. Avoid becoming angry or defensive, even if the attorney tries to make you lose your temper.
- Only answer the question asked. Do not provide additional information that the attorney did not request.
- Take time to think about the question and your response before answering the question.
- If you do not understand the question, ask the attorney to rephrase the question before responding.
- Ask to see the document if the attorney references a document in the question.
- If you do not know the answer to a question, do not guess. State that you do not know the answer.
- Respond to questions honestly and with facts. Avoid estimating or guessing about information.
Refusing to testify at a deposition will likely result in a court order requiring you to appear. There are very few legal grounds for refusing to testify at a deposition. If you believe you have grounds for refusing to appear, talk with a Lawrenceville personal injury attorney immediately.
Contact the Atlanta Personal Injury Lawyers at Hammers Car Accident & Personal Injury Lawyers Today
Depositions play a critical role in the discovery process of a personal injury case. While they can seem overwhelming, understanding what to expect—and how to prepare—can significantly reduce stress.
For more information, contact the Atlanta Personal Injury law firm of Hammers Car Accident & Personal Injury Lawyers to schedule a free initial consultation. We have convenient locations in Atlanta, Sandy Springs, Lawrenceville, Mableton, Smyrna, and Roswell.
We serve Fulton County and its surrounding areas:
Hammers Car Accident & Personal Injury Lawyers – Atlanta
201 Joseph E Lowery Blvd NW Suite 312,
Atlanta, GA 30314
Open 24/7
(770) 900-9000
Hammers Car Accident & Personal Injury Lawyers – Sandy Springs
5555 Glenridge Con, Suite 975,
Sandy Springs, GA 30342
Open 24/7
(678) 990-7024
Hammers Car Accident & Personal Injury Lawyers – Lawrenceville
265 Culver St S. Suite A.
Lawrenceville, GA 30046
Open 24/7
(678) 626-5067
Hammers Car Accident & Personal Injury Lawyers – Mableton
5701 Mableton Pkwy SW Suite 108,
Mableton, GA 30126
Open 24/7
(706) 480-5487
Hammers Car Accident & Personal Injury Lawyers – Smyrna
2400 Herodian Way Ste#220,
Smyrna, GA 30080
Open 24/7
(678) 922-4497
Hammers Car Accident & Personal Injury Lawyers – Roswell
110 Mansell Cir #111,
Roswell, GA 30075
Open 24/7
(678) 582-8466
About Robert M. Hammers Jr.
Robert M. Hammers, Jr. is the managing partner at Hammers Car Accident & Personal Injury Lawyers in Atlanta. Committed to justice, he represents individuals harmed by negligence, focusing on personal injury litigation, toxic torts, and mass torts involving defective drugs and medical devices.
With over 50 jury trials and $100 million in verdicts and settlements, Rob is known for his strategic thinking and dedication to achieving the best outcomes for his clients. He serves on the Executive Committee for the Georgia Trial Lawyers Association, the American Association for Justice Board of Governors, and the Plaintiff Leadership Committee in complex multi-district and toxic tort litigations, where he advocates for injured individuals and shapes legal strategies.
Robert is also recognized on Justia for his excellence in personal injury law, further highlighting his reputation and commitment to client advocacy.
