Written by A deposition is often the most stressful step in a personal injury case. If your attorney has told you that opposing counsel wants to take your deposition, you probably have questions about what happens, who will be there, and what you are expected to do. This guide walks through a deposition day in a typical what happens at a deposition personal injury case in Illinois — plainly, without unnecessary legal jargon.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
What a Deposition Is and Why It Happens
A deposition is sworn, out-of-court testimony given in response to questions from an attorney. It is part of the discovery process — the phase of litigation where both sides gather information before trial. Under Illinois Supreme Court Rule 202, any party may take the deposition of any person who may have information relevant to the lawsuit. In a personal injury case, the defense will almost always want to depose the injured person.
Because you filed a personal injury claim, your physical and mental condition is directly at issue in the lawsuit. Under 735 ILCS 5/2-1003, your medical records and information about your health are discoverable. The deposition is one way the defense gathers that information directly from you, under oath.
Illinois Supreme Court Rule 206 governs deposition procedure, including how they are noticed, how they are recorded, and the rights of all parties. Under Rule 206(h), depositions may be taken by remote video — so your deposition may occur in person at a law office or via video call. Either way, the rules and the consequences of your testimony are the same.
Who Is in the Room
At a typical deposition you will see: the attorney questioning you (usually the defense lawyer or their associate); your own attorney, who is present throughout; and a court reporter. The court reporter is a certified professional whose job is to transcribe every word spoken during the session into an official written record called a transcript. They are not an advocate for either side — they are there to create an accurate record.
If the deposition is being recorded on video, a videographer may also be present. Other parties’ attorneys may attend as well. The session is typically held at one of the law offices or at a neutral court reporting facility. It is not held in a courtroom.
Your attorney may ask questions at the end of the defense attorney’s examination. This is called redirect and is used to clarify answers that may have been confusing or incomplete. Your attorney will not coach your answers during the deposition itself — they are there to raise objections, protect your rights, and ensure the session stays within proper limits.
How the Questioning Works
The defense attorney will ask questions and you will answer them. Questions typically cover your background, the accident itself, your injuries, your medical treatment, how your injuries have affected your daily life, and your prior medical history. The questioning may last anywhere from an hour to several hours depending on the complexity of your case.
You are under oath, which means your answers carry the same legal weight as testimony given in court. Providing a false answer under oath is perjury. It also means that if your trial testimony later differs from what you said in your deposition, opposing counsel can use those differences to challenge your credibility.
If you do not understand a question, say so. Ask the attorney to rephrase or clarify. This is not evasion — it is the appropriate response to an unclear question. You are only obligated to answer the question actually asked. If you do not know the answer to something, “I don’t know” or “I don’t remember” is a complete and acceptable answer when it is true. Do not guess.
Take your time before answering. There is no requirement to respond immediately. Pausing to consider what was asked is reasonable and often helpful.
What Happens to the Transcript
After the session, the court reporter prepares a written transcript of everything that was said. You typically have the right to review the transcript and make corrections on an errata sheet if the reporter made a transcription error. Substantive changes to your actual testimony — trying to change what you said — are treated differently and can raise credibility issues, so corrections should be limited to genuine transcription mistakes.
The transcript becomes part of the case record. It can be used at trial to impeach your testimony if you say something different, and it can be introduced as evidence in certain circumstances. Both sides keep copies, and the transcript is often central to how the case develops from that point forward.
For a complete overview of how to hire a personal injury lawyer in Illinois, visit our dedicated resource page on how to hire a personal injury lawyer in Illinois and how Illinois law applies to your case.
Practical Do and Don’t Points for the Day
Listen carefully to each question before answering. Answer only what was asked — do not volunteer extra information beyond what the question requires. If a question calls for a yes or no, give a yes or no. If it requires more, give a complete but focused answer.
Be consistent. Your deposition answers should reflect the same facts you have given your attorney throughout the case. If something in your treatment records, prior statements, or discovery responses differs from what you plan to say, discuss that with your attorney before the deposition — not during it.
Stay calm. The defense attorney is doing their job, which includes testing your credibility and exploring weaknesses in your claim. This is expected. It does not mean your case is in trouble. Your attorney will object if a question is improper, and you should wait after a question is asked to give your attorney time to object before you answer.
For a broader overview of how Illinois personal injury laws and procedures govern litigation from filing through trial, our resources cover each stage of the process.
Talk to a Chicago Attorney — Free Consultation
Phillips Law Offices prepares clients thoroughly for every deposition in their case. If you have been injured and are navigating the litigation process, we are here to explain each step and represent your interests throughout.
Call us at (312) 346-4262 or visit our contact page to schedule a free consultation. Attorney review is available for every case we evaluate.