What Happens After Deposition in a Personal Injury Case?
After suffering severe injuries in an accident due to another party’s negligence, you have the right to file a personal injury claim and seek compensation. Negotiations with the insurance company will follow after you file your personal injury claim. If you hire a personal injury lawyer, they will handle the negotiations, and you won’t have to deal with the insurance company. If negotiations are successful, your case will settle outside of court. If negotiations fail, you may decide to file a lawsuit. If you file a lawsuit, deposition is one of the pre-trial stages you will need to go through. Apart from understanding what happens during the deposition process, it is also crucial to understand what happens after.
What Happens During Deposition?
A deposition is a formal process where a party to the case or witness provides testimony under oath outside of court. The plaintiff’s and claimant’s attorneys ask several questions that must be answered even if the deponent (the person making a deposition) does not like what is being asked. However, the other attorney can object if an attorney is too invasive or aggressive. Deposition is a vital part of the pre-trial discovery process in a personal injury lawsuit. Anything said during deposition is recorded by a court transcriber and can be used during trial. After deposition, attorneys can obtain a copy of the transcript for review. After, the transcript is filed with the court and can be referred to and cited throughout the lawsuit. A judge will also review the transcript to determine if anything should be struck from the record.
What Happens After Deposition in a Personal Injury Case?
Following deposition, attorneys may continue with other discovery methods, such as interrogatories and requests for production of documents. Interrogatories are written questions that must be answered in writing and under oath. Requests for production of documents involve one party asking the other to provide specific documents relevant to the case. Other things that could happen after deposition include settlement negotiations, mediation, trial preparation, and trial.
Settlement Negotiations
The information and evidence revealed during deposition may encourage parties to reconsider their positions and try resolving the case outside of court. For example, your attorney may use the strengths and weaknesses exposed during deposition to negotiate a more favorable settlement agreement. If an agreement is reached, the case can be settled without going on to trial.
Mediation
Mediation may be required before the case proceeds to trial if negotiation is not an option or does not work. During mediation, parties meet with a neutral third party called a mediator, who assists them in negotiating an agreement. If a mutually acceptable resolution is reached at this stage, the case can be settled.
Trial Preparation
If the case does not settle, attorneys will start preparing for trial. Preparation entails, among other things, gathering evidence and formulating opening and closing arguments.
Trial
Finally, the case will proceed to trial, during which both sides will present their cases, and a judge or jury will make a final, binding decision.
Contact Us Today for Legal Help
Our West Palm Beach personal injury attorneys at The Pendas Law Firm are committed to fighting for the rights of injured Floridians and are ready to fight for you. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Orlando, Ocala, Fort Lauderdale, Daytona Beach, Fort Myers, Tampa, Miami, Jacksonville, Bradenton, Naples, and Melbourne areas.
