When you get hurt because of someone else's carelessness, filing a lawsuit is rarely the first step. Most injury claims move through a settlement process long before anyone sees a courtroom. Your attorney and the at-fault party's insurance company will trade offers, share information, and try to reach a number that fairly covers your losses. If both sides agree, the case settles and never goes to trial. If they cannot agree, the case moves into litigation, and that is where a deposition often comes into play. Our Norfolk personal injury lawyers prepare our clients for this stage so they walk in knowing exactly what to expect.
Since 1985, the attorneys at Shapiro, Washburn & Sharp have focused their practice on representing injured people across Virginia and North Carolina. We have recovered tens of millions of dollars in verdicts and settlements, and we work on a contingency basis, which means there is never a fee unless we win your case.
Why Some Cases End Up in Litigation
Insurance companies protect their bottom line. That reality shapes how they handle claims. It is common for an insurer to refuse a fair offer, delay a response, or dispute the value of your injuries. When an insurance company will not treat you fairly, settlement talks stall, and your attorney may decide the only path to full compensation is trial.
Virginia law also puts a clock on your right to sue. Under Virginia Code ยง 8.01-243, you generally have two years from the date of your injury to file a personal injury lawsuit. If you miss that deadline, the court can dismiss your case no matter how strong it is. Because building a strong case takes time, the sooner you speak with an attorney, the more room there is to gather evidence and prepare.
The Discovery Process
When a case starts heading for trial, both sides move into discovery. This is the stage where each party formally digs up and exchanges the evidence it plans to put in front of a jury. The whole idea is to cut down on courtroom surprises, so the rules require a lot of information to change hands in advance.
Discovery pulls from a handful of tools:
- Interrogatories, which are written questions each side answers under oath
- Requests for documents like medical records, crash reports, and phone logs
- Requests for admissions that ask a party to confirm or deny specific facts
- Depositions, where witnesses answer questions live and on the record
Depositions lock in a person's own words while the case is still taking shape, and those words are hard to walk back later.
So What Is a Deposition?
Think of it as sworn testimony that happens outside a courtroom. You sit down and answer questions from both your own attorney and the insurance company's attorney, all under the same oath you would take in front of a judge. That means lying carries the same weight it would at trial.
Plenty of different people can be called to give this testimony:
- The injured person bringing the claim
- The person who caused the accident
- Bystanders and other witnesses
- Doctors and other medical professionals who treated you
- Accident reconstruction professionals
Where It Happens and Who Sits In
Technically, a deposition can take place just about anywhere, but in practice it almost always happens in a conference room at one of the lawyers' offices. You will usually have both parties there, both attorneys, and a court reporter. That reporter takes down every word to produce a written transcript, and depending on how the attorneys set things up, the whole thing might be filmed too.
Because everything you say becomes part of the official record, your answers during a deposition can shape the rest of your case. A helpful, well-prepared witness strengthens a claim. A witness who guesses or exaggerates can hand the other side ammunition.
How Your Attorney Prepares You
If you are going to be deposed, you will not walk in alone or unprepared. Your attorney's job is to get you ready. That preparation usually involves explaining what to expect, walking through the kinds of questions the other side is likely to ask, and helping you organize the key points you want to communicate clearly.
Many attorneys run practice sessions. In a practice run, your lawyer plays the role of the opposing attorney, asks the tough questions, and helps you refine how you respond. This rehearsal does two things. It calms your nerves, and it helps you answer accurately without volunteering more than the question asks. Working with a seasoned Norfolk personal injury lawyer before your deposition can make the difference between testimony that helps your case and testimony that muddies it.
Reviewing the Evidence Beforehand
It helps a great deal to review all the evidence you are aware of before you sit for a deposition. This refreshes your memory about the incident, which matters when months or even years have passed since the accident. Even evidence that does not directly affect your testimony is worth reviewing, because it gives you a fuller picture of the case as a whole.
For example, suppose your attorney has obtained the other driver's phone records, and those records show the driver was texting at the moment of the crash. That evidence supports a distracted driving argument. Knowing it exists, and understanding how it fits into your case, can help you feel more grounded and confident when it is your turn to answer questions.
Answering Questions the Right Way
During the deposition, take your time. Think carefully before you answer, especially when the other party's attorney is doing the questioning. Opposing counsel is trained to ask questions in ways that can trip up an unprepared witness. A single careless answer can weaken your position, and in some situations it can put the entire claim at risk.
A few principles to keep in mind:
- Listen to the full question before you respond
- Answer only what is asked, and avoid guessing
- Say so plainly if you do not know or do not remember
- Never stretch the truth or shade an answer in your favor
You are under oath during a deposition. Lying does not just threaten your case; it can expose you to serious legal consequences, including perjury. Truthful, measured answers protect both your claim and you.
Why Preparation Matters So Much
A deposition is one of the few moments in a case where you speak directly, on the record, without a script. What you say can echo through the rest of the litigation, influence settlement talks, and shape how a jury eventually sees you. That is why the quiet work your attorney does beforehand carries so much value.
Two things set our approach apart. First, our attorneys carry more than 100 years of combined legal experience, and that depth shows up in how thoroughly we prepare clients for every stage of a case. Second, we handle injury law and nothing else, which keeps our focus sharp and our knowledge current. All we do is injury law, and we have done it since 1985.
That experience has produced real results for real people. In 2025, our firm represented a woman struck by an SUV while standing near her mailbox, who suffered a brain injury and other serious harm. We settled her case for $2.3 million after negotiating with multiple insurance companies. Results depend on the facts of each case, but outcomes like this reflect the care we bring to preparation and advocacy.
If you have been injured and your case may be heading toward litigation, a knowledgeable Norfolk personal injury lawyer at Shapiro, Washburn & Sharp can guide you through every step, including your deposition. Contact us at 833-997-1774 for a free consultation. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to help you protect your claim and pursue the compensation you deserve.
