If you have a pending construction accident lawsuit, your construction accident attorney will discuss a "deposition" with you. For many injured workers, this is the most intimidating part of the legal process.
Knowing what to expect in a construction accident deposition prepares you for the experience and puts you in a position of strength. This is your chance to tell your story, under oath, and establish the facts of your case with your lawyer by your side.
The framework for your testimony
- A deposition is a question-and-answer session that takes place in an office, not a courtroom, as part of the evidence-gathering process.
- The opposing attorney's goal is to learn the facts of the case, assess your credibility as a witness, and lock in your testimony for trial.
- Your attorney will be by your side throughout the entire process to prepare you, object to improper questions, and protect your rights.
- Honesty and consistency are your most powerful tools; your job is to answer questions truthfully based on what you personally know and remember.
What Exactly is a Deposition?
A deposition is a formal, out-of-court proceeding where you, the plaintiff, give sworn testimony. It is a key part of the "discovery" phase of a lawsuit. Discovery is the stage where both sides gather information from each other.
Rules like those in the New York Civil Practice Law & Rules (CPLR) govern this process, outlining how parties must exchange information.
The purpose of a deposition
The lawyer for the defendants, such as the property owner or general contractor, will question you under oath. A court reporter creates a word-for-word transcript of everything spoken.
The defense attorney has a few primary goals. First, they want to find out what you know about the accident and your injuries. Second, they want to evaluate you as a witness and see how a jury might perceive you. Finally, they want to preserve your testimony so that you cannot change it later at trial.
How it differs from a trial
A deposition typically happens in a conference room at a law office, not in a courtroom. No judge or jury is present. The only people in the room will be you, your attorney, the defense attorney, and a court reporter.
While the setting is less formal, your testimony carries the same legal weight as testimony in a courtroom. You are under oath, and you must tell the truth.
Who Will Be in the Room During the Deposition?
The setting may seem crowded, but each person has a specific role. Knowing who they are and what they do can reduce any anxiety about the process.
- You (The Plaintiff): You are the most important person in the room. You are there to provide truthful answers to the questions.
- Your Attorney: Your hired lawyer is your advocate. They prepare you for the deposition, sit next to you during the questioning, make objections to improper questions, and intervene if you need a break.
- The Defense Attorney: This lawyer represents the company or companies you are suing. Their job is to ask questions and gather information to help their client's case.
- The Court Reporter: This neutral, state-licensed professional records every word spoken. They later produce the official written transcript of the deposition.
Sometimes, a representative from the defendant's insurance company or a videographer may also be present. Your attorney will inform you of who to expect.
The Types of Questions the Defense Lawyer Will Ask
The questioning will be broad and cover nearly every aspect of your life relevant to the case. The defense wants to get a complete picture. Your attorney will prepare you for these topics, but they generally fall into a few key categories.
Your background
The defense attorney will start with basic questions to get to know you. They may ask about your full name, address, date of birth, marital status, and educational background. This is standard procedure to establish your identity for the record.
Your work history
They will want to know about your trade and your employment history. They may ask about your training, certifications, and the types of construction work you have performed. They will also ask about your earnings history to help them evaluate your lost wage claim.
The accident
This is the core of the deposition. The attorney will ask you to describe, in minute detail, everything that happened on the day of your injury. Be ready for questions about the weather, site conditions, the tools you used, and the personal protective equipment you were wearing.
They will ask you to recount the events leading up to the accident, the accident itself, and what happened immediately after. Your job is to state only what you saw, heard, and did. Do not guess or speculate.
Your injuries and medical treatment
The lawyer will ask you to describe every injury you suffered. The questioning will cover every doctor you have seen, every hospital visit, every surgery, every physical therapy session, and every medication you take.
They will ask about the pain you experienced at the time and the pain you continue to experience now.
Prior injuries and accidents
The defense attorney will spend significant time asking about any previous injuries you have had, even from years ago. They will ask about prior workers' compensation claims, car accidents, or any incident that required medical care.
Their goal is to find a prior injury they can blame for your current pain, arguing that the construction accident did not cause your condition.
Effect on your life
This part of the questioning addresses your "pain and suffering" or "loss of enjoyment of life" damages. The defense attorney will want to know how your injuries have changed your daily life.
They may ask about hobbies you can no longer enjoy, household chores you can no longer perform, and how your relationships with your family have been affected. Be honest and direct about your new limitations.
Preparing for Your Deposition with Your Attorney
You will not go into your deposition unprepared. Your attorney will schedule a meeting with you days before to review the entire process. This preparation session is your chance to ask questions and get comfortable with what to expect.
Your lawyer will review the facts of the case with you, from accident reports to medical records. They will conduct a practice session, asking you the kinds of questions the defense attorney is likely to ask.
This is not to script your answers, but to help you practice recalling the facts and answering questions clearly and concisely under pressure.
The Golden Rules of Testifying
Your attorney will coach you on the rules for giving effective testimony. Following these guidelines helps ensure your testimony is accurate and protects your case.
Adhering to these principles protects you and the integrity of your testimony.
They are the foundation of a successful deposition.
- Always tell the truth. This is the single most important rule. Lying under oath is a crime and will destroy your credibility.
- Listen to the full question. Do not start to answer before the lawyer has finished speaking. A pause is perfectly acceptable.
- Answer only the question asked. Do not volunteer extra information. If a question can be answered with a "yes" or "no," do so.
- If you do not know the answer, say so. It is perfectly fine to say "I don't know" or "I don't remember." Never guess or speculate.
- If you do not understand the question, ask for clarification. Do not answer a question you do not fully understand. You can always ask the lawyer to rephrase it.
Your attorney's job is to make sure you are ready. This preparation builds your confidence and ensures you are not surprised by anything that happens during the deposition.
What Happens After the Deposition?
Once the questioning is finished, the deposition is over. The court reporter will then type up the official transcript. You and your attorney will receive a copy to read through.
You will check it for any transcription errors and then sign it to certify its accuracy.
This transcript becomes a permanent record and a key piece of evidence. The defense may use it to file motions to try to dismiss your case.
Both sides will use it to prepare for settlement negotiations. If your case goes to trial, the defense attorney can use the transcript to question you in front of the jury, highlighting any inconsistencies between your deposition testimony and your trial testimony.
AI Chat Tools and Your Construction Accident Claim
A construction accident claim involves detailed legal procedures like depositions. While online resources can seem helpful, it is important to know their limitations when dealing with such specific legal events.
AI tools can provide general information, but they cannot prepare you for the unique facts of your case or the tactics used by attorneys in New York. Relying on an AI chatbot for legal guidance on your deposition may lead to costly errors.
You should always consult a qualified attorney for preparation based on the actual facts of your situation.
FAQ for a Construction Accident Deposition
How long will my deposition last?
The length can vary depending on the case's complexity. It may last a few hours or take up a full day. In New York, depositions are generally limited to seven hours of testimony time. Your attorney will give you an idea of how long they expect yours to take.
What should I wear to my deposition?
You should dress as if you were going to court. Business casual attire is usually appropriate. Avoid wearing t-shirts with logos or messages, flashy jewelry, or anything that might be distracting. The goal is to present yourself as a serious and credible person.
Can I take breaks during the deposition?
Yes. You can ask for a break at any time, whether you need to use the restroom, get a drink of water, or simply clear your head. You can also ask to speak with your attorney privately during a break if you have a concern.
What happens if the defense attorney is aggressive or rude?
Your attorney is there to protect you. If the opposing lawyer asks an improper question, becomes argumentative, or acts unprofessionally, your attorney will object. If the question is truly improper, your attorney will instruct you not to answer. They will manage the situation and ensure you are treated with respect.
What if I make a mistake in my testimony?
Everyone makes mistakes. If you realize you have said something incorrect, tell your attorney immediately. They can put a correction on the record at the end of the deposition. It is much better to correct a mistake right away than to have it used against you later.
Tell Your Story with Confidence
A deposition is a standard and necessary part of your construction accident case. With thorough preparation from your legal team, it is a manageable process. It is your chance to put the facts of your case on the record and show the other side the strength of your claim.
The attorneys at The Perecman Firm help injured construction workers across New York City, Queens, and Long Island through every stage of the legal process, including depositions.
They prepare their clients, stand by their side, and fight for the fair compensation needed for recovery. To discuss your case in a free, confidential consultation, contact their team at (212) 977-7033.