Sooner or later in a litigated claim, the defense attorney gets to ask you questions under oath. The deposition is routine for the lawyers and terrifying for everyone else — mostly because nobody explains what it is for. Here is the honest version.
The room and the rules
A conference room or a video call: the defense attorney, your attorney, a court reporter, you. Everything is transcribed; you review and sign the transcript afterward. The format is question-and-answer, and the governing rules are simple — answer only what was asked, truthfully and briefly; say “I don’t know” or “I don’t remember” when that is the truth; ask for a break whenever you need one; never guess. Under §5710, the carrier pays the costs — including a fee for your attorney’s appearance and your mileage.
What the defense is actually doing
Three things. Locking your story: mechanism, body parts, timeline — later changes get impeached with the transcript. Mining the past: prior injuries, prior claims, prior treatment — they already pulled the claims index, so the only wrong answer about your history is a smaller one than the records show. Sizing you up: how you will present to a judge, and whether the activities you describe match the restrictions your doctor wrote — which is also exactly what any surveillance is checking.
How the transcript feeds the rating
Deposition testimony flows downstream: the QME may read it before writing the WPI and apportionment opinions, and your description of prior conditions is raw material for the apportionment fight. Consistency between your deposition, your medical histories, and your exam presentation is worth real percentage points — and percentage points are real dollars.
Estimates for informational use; not legal advice — and a deposition is exactly the moment representation earns its fee.
Rate your spine right here
Same engine as the tables above — pick your occupation and age, slide the WPI from the report, and carry it into the full calculator when you’re ready.