If you have filed a lawsuit against your insurance company, one of the first things the attorney for your
insurance company will likely do is request to take your deposition. “What is a deposition?” is a logical
and understandable question for a homeowner to have in this situation. Knowing what to expect and
being prepared can greatly ease the process and put you in the best position to help your case.
What is a deposition?
A deposition is essentially a formal question-and-answer session, under oath, conducted outside the
courtroom. A plaintiff’s deposition is one where you, the homeowner, and plaintiff in the lawsuit, are
answering the questions and provide sworn testimony. Presently, depositions are permitted to be
conducted virtually and commonly occur via Zoom. Even though your testimony is given outside the
courtroom, it carries the same legal weight as if you were testifying in front of a judge and jury. The
deposition allows the insurance company’s attorney to gather information and assess your credibility.
Who will be there?
You, your attorney, the attorney for the insurance company, and a court reporter will be present for the
deposition. If being conducted virtually, everyone will appear from their own office or home via Zoom or
other virtual platforms (your attorney will email you the link to join the virtual meeting). The attorney for
the insurance company will be the one asking you questions. The court reporter is there to transcribe
what everyone says. Your attorney will be present to object to inappropriate or misleading questions;
however, you are generally required to answer most questions in a deposition.
What should you expect?
Before the deposition begins, the court reporter will ask to see your photo ID (so have that handy!) and
will swear you in, affirming your commitment, to tell the truth (think of a witness taking the stand in a
courtroom). The insurance company’s attorney will ask you a variety of questions – questions about
your personal history, the history of the property, the current insurance claim, the damages to your
property, and what has happened since your property sustained damages. Your primary role is to be
truthful and concise in your responses. Listen carefully to each question and take your time before
answering. If you don’t understand a question, don’t hesitate to ask for clarification. Remember, it's
okay to say “I don’t know” or “I don’t remember” if that’s the truth.
How to prepare?
Before your deposition, your attorney at Cohen Law Group will schedule a call with you to prepare.
Your attorney will explain the process to you and go over what kind of questions the insurance
company’s attorney may ask based on the particular information in your unique case. If your deposition
is being conducted virtually, you will want to make sure that you have a stable internet connection with
a working camera and microphone, and are set up in a quiet, private space.
While a deposition can seem intimidating, knowing what to expect and being well-prepared can
significantly ease the process. At Cohen Law Group, we are dedicated to guiding our clients through
every step of the legal process, ensuring they are well-informed and prepared. If you have any further
questions about your deposition or anything else related to your case, please don't hesitate to contact
us. We look forward to being able to help you.
JESSICA FLEGIEL, ESQ.
