The 5 Most Common Deposition Questions in Personal Injury Cases

If you’re a plaintiff in a personal injury case, the deposition stage can feel intimidating. A deposition, often described as a “question-and-answer session under oath,” allows the opposing side’s attorneys to dig into the details of your case. Under Illinois Supreme Court Rule 212, deposition questions can cover a broad range of topics as long as they are reasonably tailored to lead to the discovery of admissible evidence. Preparation is key to confidently navigating this process—and sometimes, humor can ease the tension.

This blog explores the five most common questions plaintiffs face during personal injury depositions, with practical examples and tips on how the best Illinois personal injury attorneys ensure you’re ready to answer them effectively.

1. Can You Walk Me Through the Day of the Incident?

Why They Ask This:
The defense wants to reconstruct the timeline of events leading up to the accident. They may be looking for inconsistencies or opportunities to argue that you were partially at fault.

A Typical Q&A Example:

Attorney: “Let’s start with the morning of the accident. What did you do that day?”
Plaintiff: “I woke up, made coffee, and then drove to work.”
Attorney: “Did you check your phone while driving?”
Plaintiff: “No, I don’t use my phone while driving.”
Attorney: “Our records show you sent a text at 8:32 a.m. How do you explain that?”
Plaintiff (prepared): “I used a hands-free system in my car. I never looked at my phone.”

Strategy Tip:
Stay calm and stick to the facts. Defense attorneys may ask detailed questions to trip you up. Preparation helps you recount the events confidently and accurately.

And no, this isn’t the time to get sidetracked discussing how you stopped for coffee and debated ordering oat milk. Keep your answers relevant to the case.

2. What Injuries Did You Suffer?

Why They Ask This:
The defense is trying to assess whether your injuries were caused by the accident and whether they may have predated the incident.

A Typical Q&A Example:

Attorney: “Can you describe your injuries?”
Plaintiff: “I fractured my wrist, have neck pain, and experience daily headaches.”
Attorney: “Did you have neck pain before the accident?”
Plaintiff: “I had occasional stiffness, but nothing like this.”
Attorney: “How do you know this pain is from the accident?”
Plaintiff (prepared): “Before the accident, I had no trouble exercising. Now, even simple activities like vacuuming cause pain.”

Strategy Tip:
Be truthful and specific. Your attorney will help you review your medical records beforehand to ensure your responses are consistent. It’s okay to admit prior health issues—just explain how they were different before the accident and how the accident worsened them.

Remember, there’s no need to dramatize. “I had difficulty vacuuming” is powerful enough without turning it into a comedy about the dust bunnies taking over your home.

3. Have You Missed Work Because of the Accident?

Why They Ask This:
Lost wages are often a major component of damages in personal injury cases. The defense will try to assess whether your injuries genuinely impacted your ability to work.

A Typical Q&A Example:

Attorney: “How many days of work have you missed since the accident?”
Plaintiff: “Six weeks.”
Attorney: “Couldn’t you perform light desk work during that time?”
Plaintiff: “No, I couldn’t sit for extended periods due to my back pain.”
Attorney: “But you posted a photo of yourself at a wedding last week. How do you explain that?”
Plaintiff (prepared): “My doctor recommended light activity. Attending a wedding doesn’t involve the same physical demands as working a full shift.”

Strategy Tip:
Be prepared to explain any activities that could appear inconsistent with your claimed injuries. Defense attorneys often scour social media for “gotcha” moments, so your attorney will advise you to be cautious about what you post online.

4. Have You Seen Any Doctors Other Than the Ones We’ve Discussed?

Why They Ask This:
The defense wants to identify all medical providers to make sure they have all of your medical records to get a complete picture of the accident and your injuries.

A Typical Q&A Example:

Attorney: “Have you visited any chiropractors or physical therapists?”
Plaintiff: “Yes, I saw a chiropractor for neck pain.”
Attorney: “Was this before or after the accident?”
Plaintiff (prepared): “After. It was part of my treatment plan recommended by my primary doctor.”

Strategy Tip:
Disclose all medical treatment. Withholding information could backfire if the defense discovers records you didn’t mention. Your attorney will ensure your disclosures are complete and consistent.

If you’ve tried something unconventional, like acupuncture or aromatherapy, don’t be embarrassed to mention it. The key is transparency.

5. What Activities Can You No Longer Do Because of Your Injuries?

Why They Ask This:
This question targets pain and suffering damages, and gets to your activities of daily living. The defense may attempt to argue that your life hasn’t been significantly impacted.

A Typical Q&A Example:

Attorney: “What activities have you stopped doing since the accident?”
Plaintiff: “I used to jog every morning. Now I can barely walk a block without pain.”
Attorney: “Have you tried other exercises, like swimming?”
Plaintiff (prepared): “Yes, but even light swimming aggravates my neck and shoulder injuries.”

Strategy Tip:
Be realistic but detailed about how your injuries have changed your daily life. Avoid overgeneralizing—specific examples are more compelling and credible.

For instance, saying, “I can’t walk my dog anymore, and my neighbor has to help,” paints a more vivid picture than, “I can’t do anything fun anymore.”

How Injury Attorneys Help Plaintiffs Prepare for Depositions

The best personal injury attorneys in Illinois don’t just send you into a deposition unprepared. They work with you to ensure you feel confident, informed, and ready for any questions that may arise.

1. Mock Depositions: Your attorney will simulate the deposition process, asking tough questions similar to those the defense might ask. This practice session helps you refine your answers and anticipate challenging lines of inquiry.

2. Reviewing Documents: Your attorney will thoroughly review your medical records, accident reports, and other evidence with you. This ensures you’re familiar with key details and can answer questions accurately.

3. Explaining Illinois Rule 212: Illinois Rule 212 allows broad questioning during depositions. While some questions may seem irrelevant, your attorney will object to anything that crosses the line.

4. Managing Social Media: Defense attorneys frequently scrutinize social media for evidence to use against plaintiffs. Your attorney will advise you to avoid posting anything that could be misinterpreted.

5. Managing Your Demeanor: Depositions can be stressful, but staying calm and composed is crucial. Your attorney will coach you on how to handle tricky questions without becoming defensive or argumentative.

Why Preparation Is Key Before A Deposition

A well-prepared plaintiff is a credible plaintiff. By working closely with your attorney, you’ll feel confident answering questions while avoiding common pitfalls.

“Depositions are an opportunity to tell your story, but preparation is everything. When clients feel informed and supported, they can focus on the truth and let the facts speak for themselves.” – John J. Malm, Naperville car accident attorney

How John J. Malm & Associates Can Help

At John J. Malm & Associates, we’ve guided countless clients through depositions with confidence and success. With offices in Naperville and St. Charles, our award-winning team of Illinois accident attorneys has over 90 years of combined litigation experience and a track record of securing millions for our clients. We pride ourselves on personalized support and thorough preparation for every stage of your case.

Why Choose Us?

• Proven Results: Millions recovered for personal injury clients.
• Experienced Team: Decades of experience handling depositions and complex personal injury cases.
• Personalized Attention: Tailored strategies and one-on-one support.
• No Fees Unless We Win: You don’t pay unless we recover compensation for you.

Contact us today to schedule your free consultation. Let us help you navigate your personal injury case with confidence and expertise. Your recovery starts here.