Updated October 5, 2026 · By John C. Hubbard, Attorney
A deposition is sworn testimony taken outside the courtroom, usually in a conference room, with a court reporter typing every word and the defense lawyer asking the questions. In an Alabama injury case it is the one event you cannot delegate to your lawyer. It is also the moment the insurance company decides what your case is worth, because the adjuster reads the transcript and the defense lawyer reports back on how you came across. Here is what happens and how to handle it.
When does the deposition happen?
After suit is filed and written discovery is exchanged, typically six months to a year into the case. The defense lawyer notices it under Alabama Rule of Civil Procedure 30 (or Texas Rule 199), the lawyers agree on a date, and it takes place at one of their offices or by video. Most injury plaintiff depositions run two to four hours. Your lawyer sits beside you, objects when a question is improper, and asks a few questions at the end if anything needs clearing up. You will meet with the firm beforehand to go over your records and the questions that are coming.
What will they ask?
Your background, including prior injuries, prior claims and prior lawsuits, because the defense is looking for a pre-existing condition to blame your symptoms on. Every detail of the wreck: where you were going, how fast, what you saw, what you said at the scene. Your medical treatment from the first visit to the last, and whether you followed the doctors’ instructions. Your work history and the time you missed. How the injury affects your daily life. Social media, which they have already read. The questions are not random; each one is aimed at contributory negligence, causation, or the value of your damages.
The rules that matter most
Tell the truth, including the facts you think hurt you. A deposition answer that turns out to be wrong at trial costs more than the fact would have. Listen to the whole question and answer only that question; a yes or no is a complete answer when the question calls for one. Do not guess. “I don’t know” and “I don’t remember” are proper answers when they are true, and far better than an estimate the defense will hold you to. Do not volunteer. The defense lawyer is entitled to answers, not to a narrative. If you need a break, ask for one, and if your lawyer objects, stop and wait.
What the defense is really measuring
Whether a jury would believe you and like you. The insurance company’s reserve on the case changes the week after the deposition based on that assessment. A plaintiff who is calm, specific about the injury, honest about the limits of what they remember, and not angry at the defendant comes across as credible, and credible plaintiffs settle for more. A plaintiff who exaggerates, argues with the lawyer, or claims to remember every detail of a wreck three years ago does the defense’s work for it.
Will the other driver be deposed too?
Yes, and that deposition is often where the case is won. The firm deposes the other driver, the investigating officer, and any corporate representative, and in a truck case the driver’s supervisor and safety director. Those transcripts, along with yours, are what both sides bring to mediation.
After the deposition
The transcript is prepared within a few weeks and you have the right to read it and correct errors. Settlement discussions usually follow, often through mediation. If the case does not settle, the deposition becomes a tool at trial: the defense will read any inconsistency between it and your testimony to the jury, which is one more reason the first rule above is the important one.
If you have a deposition coming up in a case the firm handles, you will hear from John well beforehand. If you have questions about a new injury claim, the review is free and there is no attorney’s fee unless money is recovered. Alabama 205-378-8121, Texas 832-410-8121. Se habla español.
Related guides
- How an Alabama car wreck claim works, start to finish
- Disputed liability wrecks: how fault gets proven
- Contributory negligence in Alabama: how insurers use it to deny claims
Practice pages: Car wreck lawyer, Personal injury overview.
Local pages: Birmingham, Hoover, Vestavia Hills, Huntsville, Houston.
This post is general information about Alabama and Texas procedure, not legal advice, and contacting the firm does not create an attorney-client relationship. No representation is made that the quality of legal services is greater than that of other lawyers.