Preparing for a Deposition in an Insurance Case
If your case does not resolve early in litigation, there is a high likelihood that the insurance company’s attorney will depose you. A deposition can feel intimidating, but understanding the process and preparing in advance makes it more manageable.
What Is a Deposition?
A deposition is similar to courtroom testimony but less formal. Instead of testifying before a judge or jury, you answer questions under oath in a conference room, law office, or court reporting service. Today, many depositions also occur virtually via Zoom or similar platforms.
A court reporter records everything said, and in some cases, the deposition is videoed. Dress neatly but comfortably—avoid overly casual clothing.
What Questions Will Be Asked?
The opposing attorney’s questions typically focus on:
- The underlying event (accident, storm, disability, etc.)
- Prior health conditions or property conditions
- Your interactions with the insurance company
- Any harm you suffered, including emotional distress
In Oklahoma, attorneys can ask wide-ranging questions. Your lawyer can object to form, and if questioning becomes abusive, may involve the court.
Key Tips for Answering Questions
1. Be Prepared
Review your case, both strengths and weaknesses, with your attorney. Go over important documents and potential questions.
2. Answer Clearly
- Speak audibly—avoid nodding or saying “uh-huh.”
- Don’t interrupt. Allow your attorney time to object before responding.
- Take time to think before answering.
3. Understand the Question
If you don’t understand, ask the attorney to repeat or rephrase. Never assume what a question means.
4. Watch for Trick or Compound Questions
Be cautious with questions that assume facts or combine multiple issues. Only answer the part that is accurate.
5. Avoid Guessing
If you don’t know or don’t remember, it’s fine to say so. Stick to what you know with certainty.
6. Stay Truthful
Never exaggerate or mislead. Perjury can damage your case and credibility.
7. Don’t Volunteer Extra Information
Answer only what is asked. Don’t fill silences or expand unnecessarily.
8. Use Breaks Wisely
Depositions can last hours. Take breaks to regroup, drink water, or review your thoughts.
Working With Your Attorney
Your attorney may object to certain questions or guide you to avoid missteps. Listen carefully, as objections usually signal problems with a question’s form or accuracy.
Handling Documents During a Deposition
If the attorney references a document, ask to review it fully. Don’t rely on their selected excerpt—read the entire document before answering. Do not bring your own documents, as anything you bring may be obtained by the opposing side.
Staying Composed
Depositions can be frustrating or tiring. Stay calm and polite. If you feel pressured, request clarification or a break. Avoid anger or stonewalling, as the other side is entitled to real answers.
Final Thoughts
Preparing for a Deposition in an Insurance Case
If your case does not resolve early in litigation, there is a high likelihood that the insurance company’s attorney will depose you. A deposition can feel intimidating, but understanding the process and preparing in advance makes it more manageable.
What Is a Deposition?
A deposition is similar to courtroom testimony but less formal. Instead of testifying before a judge or jury, you answer questions under oath in a conference room, law office, or court reporting service. Today, many depositions also occur virtually via Zoom or similar platforms.
A court reporter records everything said, and in some cases, the deposition is videoed. Dress neatly but comfortably—avoid overly casual clothing.
What Questions Will Be Asked?
The opposing attorney’s questions typically focus on:
- The underlying event (accident, storm, disability, etc.)
- Prior health conditions or property conditions
- Your interactions with the insurance company
- Any harm you suffered, including emotional distress
In Oklahoma, attorneys can ask wide-ranging questions. Your lawyer can object to form, and if questioning becomes abusive, may involve the court.
Key Tips for Answering Questions
1. Be Prepared
Review your case, both strengths and weaknesses, with your attorney. Go over important documents and potential questions.
2. Answer Clearly
- Speak audibly—avoid nodding or saying “uh-huh.”
- Don’t interrupt. Allow your attorney time to object before responding.
- Take time to think before answering.
3. Understand the Question
If you don’t understand, ask the attorney to repeat or rephrase. Never assume what a question means.
4. Watch for Trick or Compound Questions
Be cautious with questions that assume facts or combine multiple issues. Only answer the part that is accurate.
5. Avoid Guessing
If you don’t know or don’t remember, it’s fine to say so. Stick to what you know with certainty.
6. Stay Truthful
Never exaggerate or mislead. Perjury can damage your case and credibility.
7. Don’t Volunteer Extra Information
Answer only what is asked. Don’t fill silences or expand unnecessarily.
8. Use Breaks Wisely
Depositions can last hours. Take breaks to regroup, drink water, or review your thoughts.
Working With Your Attorney
Your attorney may object to certain questions or guide you to avoid missteps. Listen carefully, as objections usually signal problems with a question’s form or accuracy.
Handling Documents During a Deposition
If the attorney references a document, ask to review it fully. Don’t rely on their selected excerpt—read the entire document before answering. Do not bring your own documents, as anything you bring may be obtained by the opposing side.
Staying Composed
Depositions can be frustrating or tiring. Stay calm and polite. If you feel pressured, request clarification or a break. Avoid anger or stonewalling, as the other side is entitled to real answers.
Final Thoughts
A deposition will not win your case, but mishandling it can harm your position. By preparing with your attorney, answering carefully, and staying truthful, you can get through the process effectively while protecting your case.
