Common Mistakes That Personal Injury Plaintiffs Make During Deposition

Feeling nervous before a deposition is normal. Read these tips to go into it feeling at ease.

One of the most complicated aspects of being involved in a lawsuit is having to give your testimony to the other side. This is called a deposition. Although your lawyer will prepare you for your deposition , you probably will feel nervous and jittery during your deposition, which may make you forget the advice your lawyer gave you.

documentation checklist infographic preview

Infographic | Checklist: Documenting Your Personal Injury

After an accident, one way to ensure your case resolves quickly and fairly is by documenting the accident, your injuries and your treatment. Some of the most important items to keep track of following a case are pictures and video of the accident, and of your injuries during the healing process. Take a look at this infographic to get a better idea of what you need to document to ensure a fair settlement in your personal injury or car accident case.

For whatever reason, here are common mistakes that personal injury plaintiffs make during deposition.


You need to prove your case; however, this should not be done by exaggerating your case. Personal injury plaintiffs often exaggerate the following:

  • Symptoms
  • Aspects of liability
  • Loss of income


Proving your case can only be done by remaining consistent. Personal injury plaintiffs are often inconsistent in the following areas:

  • Their own medical records
  • Their own prior oral or written statement
  • Someone else’s testimony

Making Small Mistakes

Finally, proving your case requires that you don’t make the following small mistakes:

  • Stretch the truth
  • Be rude
  • Testify poorly
  • Forget important dates and times
  • Admit some responsibility when you shouldn’t
  • Refuse to accept responsibility if you are partially at fault
  • Give the defense an answer that destroys the case

It may be difficult to keep these common mistakes from happening. You should talk with your lawyer extensively about what to say and what not to say during your deposition to keep many of these common mistakes from happening.

Why You Should Keep a Personal Injury Journal from Day 1

Help yourself by keeping a written log of everything that happened to you after the accident in a personal injury journal. Not sure where to begin? We have built a page that will help you keep track of your treatment, what happened during the incident, and other details that matter to your case.

Check out McMinn Law Firm’s guide to keeping a personal injury journal.

Experts say you are much more likely to store details and accurate, rich information about happy memories. Unfortunately for recalling the details of a personal injury case, this trait might make it difficult to accurately recall everything that happened.

Keeping a record of your incident immediately after it happened will help you ensure your recall of the events is accurate and doesn’t go forgotten.

If you are looking for help with any aspect of your personal injury lawsuit, contact the McMinn Law Firm today.