What Happens After a Deposition in a Personal Injury Case?
Brandon J. Broderick, Personal Injury Attorney at Law
A deposition is a formal part of a personal injury case, in which both sides discuss the specifics of your injury and accident as they prepare to go to trial.
Generally, your personal injury attorney will present you with the option to go to trial if a negligent party's insurance refuses to settle, offers a very low settlement amount, or denies your claim altogether.
During the deposition, you (as the victim) have a chance to talk about your suffering in a personal injury matter, offering more detail or elaborating on how your injuries have impacted other aspects of your life negatively. This is a significant turning point in the process since it is arguably the most difficult part of a personal injury case. It's recommended that you have an attorney present on your behalf during a deposition. If you do not have an attorney, the law offices of Brandon J. Broderick can help. We have years of experience managing personal injury claims and representing accident victims. Contact us today to go over your case and figure out what you should do next.
After a deposition is over, what happens next? We'll look at the typical steps taken in a personal injury lawsuit below. But first, here's further details about what a deposition is.
What Is a Deposition in a Personal Case?
A deposition is an examination that takes place in the "discovery" phase. A personal injury lawsuit goes through four key stages:
A party to the lawsuit or witness testifies under oath during the deposition, which takes place outside of court. If you are the plaintiff (person filing the lawsuit), your attorney will interrogate the witness. Both parties have a chance to hear their side during the deposition portion. Every witness' story will be heard, during which the attorneys can then evaluate how credible the case is and determine the possible outcome at trial. It unveils vital information about the lawsuit for both parties.
Should I Have An Attorney During a Deposition?
Having legal representation during your deposition is smart. If you try to handle things on your own, you might not be able to tell whether the question the other side is asking you crosses the line. You may be instructed by your attorney not to provide any information that might be used against you or your case.
What Happens After The Deposition?
A Transcript Is Recorded and Provided By a Court Reporter
The questions that were asked, your responses, and any other conversations that take place in the courtroom are recorded by the court reporter. In a deposition, all that is said is recorded while the court reporter also takes shorthand notes. These notes and the recording will be utilized to create a report of the entire deposition verbatim. This report can be used to determine exactly what you said or didn't say regarding your accident.
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The deposition transcript may take some time to arrive and plays a part in determining the next steps.
Deposition is Reviewed By Both Parties
Both parties will have the chance to thoroughly evaluate everything said during the deposition after your attorney obtains the transcript. Most likely, you will sit down with your attorney and carefully go over it. You may occasionally come across errors, such as incorrect facts that were brought up during your testimony or the other party's, or instances in which you accidentally said something incorrectly. You should speak with your lawyer right away if you find any mistakes in the deposition.
The lawyer will take into account several additional elements as they evaluate the deposition, including:
Independent Medical Exams
The opposing party may occasionally ask for an independent medical evaluation. The status of your injury and your physical condition will be evaluated by a new doctor that you have yet to see through your present recovery. The doctor will evaluate how your injuries have affected you in each area of your life. From here, the other party's insurer may compare the new doctor's evaluation to the assessment that your attorney previously provided. This could form the basis of your personal injury claim.
The doctor may attempt to mislead you during this examination or look for any indication that your injuries did not occur as you claimed or that they do not limit you in the manner you initially claimed. It's important to remain consistent when you discuss your injuries, even with a medical professional.
With your attorney's help, you can ensure you are ready for the independent exam. The other party's strategy is to find a way to reduce the compensation that you will receive through information revealed by the independent examination. Extra information that isn't necessary should not be given to the examining doctor. Remember your attorney's counsel regarding the material you should disclose during your exam.