What Happens at a Bronx Car Accident Deposition?

What to Expect During the Deposition Process

When you’re hurt in a car accident and file a personal injury lawsuit, at some point you may have to give a deposition. That idea alone can make people nervous. 

You might be thinking: Is it like court? Will the other side try to trick me? How do I know what to say? These are all valid questions. A deposition isn’t something most people go through more than once, so it’s normal to feel overwhelmed.

At Horn Wright, LLP, we walk our clients through the deposition process with clarity and patience. If your case is headed for deposition in the Bronx or anywhere in New York, our Bronx personal injury attorneys can help you prepare, stay calm, and make sure your voice is heard clearly and confidently.

Understand What a Deposition Actually Is

A deposition is a formal legal interview. It happens during the discovery phase of a personal injury lawsuit. It is not held in court, and there’s no judge or jury present. You’ll answer questions under oath, usually in a conference room at a lawyer’s office or via video call.

A court reporter records every word. Sometimes the session is also recorded on video. The testimony you give becomes part of the official case record. That means what you say can be used later in court or during settlement negotiations.

Depositions give both legal teams a chance to understand what witnesses and parties will say under oath. They also test the credibility of each person involved. In a Bronx car accident case, this is one of the most important steps in litigation. 

Whether the crash happened on the Bruckner Expressway or Fordham Road, your version of events must be clear and consistent.

Know Why Depositions Happen in Bronx Injury Cases

Depositions are standard in car accident lawsuits that move past the insurance claim stage. If your case gets filed in Bronx Supreme Court, the defense attorney will almost certainly request one.

The purpose is to:

• Lock in your version of what happened
• Understand your injuries and how they affect your life
• Assess how well you’d present in front of a jury
• Look for inconsistencies in your story

Insurance companies use depositions to gauge risk. If you come across as honest, thoughtful, and credible, it can push the case toward a better settlement. But if you’re unprepared or nervous, they may feel more confident going to trial. That’s why preparation matters.

Your attorney will explain how your deposition fits into your specific case timeline. In the Bronx, court schedules can move slowly, but depositions usually happen several months after a lawsuit is filed.

Who Will Be in the Room and What They Do

One of the most common questions clients ask is: Who will be there? The room is usually quiet and professional, not like a courtroom. A typical Bronx car accident deposition includes:

• You, the injured party (plaintiff)
• Your personal injury attorney
• The defense attorney
• A court reporter

Sometimes, an insurance company representative or a videographer will also attend. If you’re giving your deposition remotely, all participants join from their own locations.

The defense attorney asks most of the questions. Your lawyer may step in to object if anything is improper, but will not coach your answers. That’s why preparation happens before the deposition day. Your attorney will help you feel confident, calm, and clear about what to expect and how to respond.

What Types of Questions You'll Be Asked

Questions in a deposition cover many areas. They are not meant to trick you, but they are designed to gather details and spot inconsistencies. Don’t worry. No one expects you to remember every date or number perfectly. Just speak honestly.

You can expect questions about:

• Your background (education, work history, medical history)
• The events leading up to the crash
• How the crash happened (location, traffic conditions, actions taken)
• Your injuries (initial pain, diagnoses, surgeries, ongoing symptoms)
• Medical treatment (doctors seen, medications used, therapies started)
• Impact on your daily life (work limitations, family roles, physical challenges)

Be prepared to talk about Bronx-specific locations involved in your case, such as which hospital treated you (like Lincoln Medical Center or Montefiore) or which intersection the crash occurred at.

How to Prepare for a Deposition in a Car Accident Case

Good preparation can make or break a deposition. The goal isn’t to memorize a script, but to feel confident in your own words and avoid missteps. Your attorney will go over the key facts, review your medical history, and walk you through possible questions.

Ways to prepare:

• Review your accident report and medical records
• Revisit any statements you’ve already made to insurers
• Practice giving clear, simple answers
• Avoid speculation or guessing

Most importantly, trust that you don’t need to be perfect. You just need to be consistent and honest. If you don’t remember something, it’s okay to say that. Your attorney will also remind you to take your time and stay focused during questioning.

Some clients do prep sessions in person at our Bronx office. Others meet virtually. Either way, we take the time to make sure you’re ready.

What Happens During the Deposition Itself

On the day of the deposition, you’ll arrive at the attorney’s office or log in virtually. You’ll be sworn in under oath by the court reporter. Then the questioning begins. The tone is formal, but not hostile.

Here’s what the process usually looks like:

• Oath is administered by the court reporter
• Defense attorney begins asking questions
• Your lawyer may object, but you still answer unless told not to
• Breaks are allowed as needed

Most Bronx car accident depositions last 1 to 3 hours. Some take longer if the case is complex. You’ll be allowed to pause if you need water, rest, or a moment to regroup. If the questioning becomes aggressive or inappropriate, your attorney will step in.

The entire session is transcribed, and sometimes video recorded. That record may be used later in trial or negotiations. That’s why your answers should stay consistent with your medical records and prior statements.

How Your Testimony Can Affect Your Case

Your deposition doesn’t decide the case, but it can shape the outcome. Everything you say becomes part of the evidence. Judges, opposing lawyers, and insurance adjusters may refer back to it during future hearings, mediation, or trial.

Strong, steady testimony can:

• Increase your credibility in settlement talks
• Show the real impact of your injuries
• Help your lawyer counter defense arguments

Inconsistent or vague answers can raise doubts. That’s why taking your time, telling the truth, and sticking to facts is so important.

If the defense attorney senses that you’ll make a strong witness in court, they may be more inclined to settle before trial. This is especially true in Bronx courts, where jury trials can take months or even years to get scheduled.

If you have experienced trauma beyond your accident, such as abuse, you may also have legal rights. 

Common Mistakes to Avoid at a Deposition

Depositions can be stressful, but most mistakes are preventable. If you prepare and stay calm, you’re unlikely to say something that hurts your case. Still, some errors show up more often than others.

Avoid the following:

• Guessing or making up details
• Talking too much or going off-topic
• Arguing with the other attorney
• Hiding prior injuries or unrelated accidents
• Saying “I’m fine now” if you still need treatment

If you realize you misspoke, you can correct yourself. If you don’t understand a question, ask for clarification. It’s your attorney’s job to protect your rights, so don’t feel like you’re in this alone.

What Happens After the Deposition Ends

Once your deposition is over, your attorney will receive a transcript of your testimony. Both legal teams review it closely. The court reporter may take several days or weeks to finalize the document.

What happens next depends on the facts of the case and how the deposition went:

• Settlement negotiations may resume
• The defense may file motions based on your answers
• Your case could be scheduled for mediation or trial

In some Bronx injury cases, depositions help move the case toward resolution. If your answers are strong and consistent, it may pressure the other side to offer a fair settlement.

On the other hand, if new issues come up during testimony, your lawyer may need to gather more records or prepare for trial. Either way, the deposition marks a major milestone in the case.

Depositions Help You Tell the Truth on Your Terms

A deposition might feel like a test, but it’s really your chance to share your story. When you’ve been injured in a Bronx car accident, your voice matters. 

The details of your experience—your pain, your recovery, your daily struggles—carry weight. With the right preparation and support, you can handle this step with clarity and confidence.

At Horn Wright, LLP, our Bronx injury lawyers help clients across New York State understand every stage of the legal process. From your first consultation through deposition and beyond, we’re here to protect your rights and keep your case moving forward.