(402) 558-4900 info@millerlathrop.com

Our clients have come to us because something horrible happened to them. Most of our clients have suffered severe, life changing injures. The aftermath of an accident is difficult to deal with, and attending a deposition may cause added stress. We take the time to fully prepare our clients for deposition. We strive to ensure that our clients know what to expect, understand the purpose of a deposition, and feel prepared for it.

A deposition is sworn out-of-court testimony. Depositions are used to gather information as part of the discovery process of a lawsuit. Attorneys often refer to depositions as “fishing expeditions.”

Not all personal injury claims require depositions. Claims that settle before a lawsuit is filed will not require depositions. At Matthew G. Miller our practice has proved that about 65% of all cases we handle are resolved by settlement before filing a lawsuit. When lawsuits are filed, typically they settle before trial. Depending on when settlement is reached, depositions may not occur.

Preparing For Your Deposition

We fully prepare all of our clients prior to their depositions. While each case is unique and will require specific preparation, some deposition preparation is similar in all case.

Here are some things to do and be aware of before your deposition.

  • Tell the truth. Your deposition testimony is given under the penalty of perjury. Lying can have serious consequences.
  • Review the facts of your case. Look over your written discovery responses, medical records, and other documents from your case.
  • Prepare to tell your story and recount the events that occurred before and after the accident that caused your injuries.
  • Be prepared to talk about how your injures have impacted your life.
  • The defendant’s attorney is going to ask you questions. Be prepared to answer questions that you find difficult or annoying.
  • Make sure you understand the question that is being asked. If you do not understand, you can ask for clarification.
  • Answer only the question that is being asked. If the question requires only a “yes” or “no” answer, then only give a yes or no.
  • Keep your answers brief and concise. Opposing counsel is fishing for evidence that he or she can use to harm your case.
  • We are your lawyers. We will be right beside you during your deposition. We will listen carefully and we will make sure the other lawyer follows the rules, and treats you with respect. We can and do object, if lawyers act inappropriately.
  • A deposition is not an endurance contest. If you are tired, sore, need to use the restroom or just want to take a break, you have the right to do so. Ask for a break if you need it.
  • Lawyers ask questions which use medical terms or legal phrases which you may not be used to or comfortable with. Tell the lawyer you don’t understand his or her words, if you are getting bombarded with “technical jargon.”
  • If you have questions in advance or are particularly worried, talk to your personal injury attorney. Your attorney is your advocate and guide.

Working With The Right Attorney

All of us here at Matthew G. Miller are highly experienced, skilled, and compassionate advocates for our clients. We’re dedicated to making a difference in the life of each person we represent. Combined our attorneys of Matthew G. Miller have more than 50- years of successful personal injury advocacy that is demonstrated by numerous testimonials.

If you’ve been injured in an accident, contact us here or call (402)558-4900 to schedule a free consultation.


Matthew G. Miller was voted Omaha Magazine’s Best of Omaha, as Top 100 Trial Lawyers by The National Trial Lawyers, The Best Lawyers in America, and attorney Matt Miller holds a 10 Superb top attorney Avvo Rating.