In a personal injury case, the deposition is quite important for the process. In a personal injury lawsuit, though, what follows a deposition? Knowing the actions that follow will enable you to get ready for what is ahead, therefore relieving your worries and providing a better view of the path to reconciliation. Let’s find out what happens after a deposition in a personal injury case.
Go Over the Deposition Transcript
A court reporter will document everything mentioned pertaining to what happens after a deposition in a personal injury case. In your case, this transcript becomes vital. Your lawyer will closely go over the transcript to make sure your statements match the evidence in your case.
They will also look for any contradictions or claims that could need explanation. Whether your lawsuit moves to trial or is resolved out of court, the deposition can greatly affect the result. Hence, this review is an important step.
Your attorney could go over the transcript with you, bringing up areas that might be of interest or that call for more information. Whether your case includes more discussions with the other side or getting ready for trial, this conversation helps your attorney be ready for the following phases.
Post-Deposition Negotiations
Sometimes, the deposition will cause both parties to reevaluate their case. The legal team of the opposing party will review your testimony and determine if they wish to try to settle the matter out of court or keep on with a trial.
Should your deposition be solid and sufficiently support the facts of your case, the other side may be more likely to move forward with a settlement offer.
Using the material acquired during the deposition, your attorney will negotiate on your behalf. Should a settlement offer be made, your attorney will go over it with you to discuss whether it fairly reflects the pay you are due, given your injuries and other damages. You could choose to negotiate for more, reject the offer, or accept it.
In the event that discussions produce a fair settlement, your lawsuit might end here. Should an agreement fall short, though, the matter will go to trial.
Discovery Phase Continues
Though they are not the sole component, depositions are an important part of the discovery process. What happens after a deposition in a personal injury case goes on after your deposition.
Both parties can ask for more documentation, exchange more evidence, or schedule more depositions from other witnesses engaged in your matter.
Discovery aims to ensure that both parties possess all the required knowledge to properly defend their points of view.
Your attorney might have to compile further evidence to back up your assertions during this period. This might call for gathering medical data, speaking with professionals, or doing further interviews.
As it approaches either trial or subsequent settlement negotiations, the data acquired during the time of ongoing discovery can support your case.
Preparing for Trial
Should your case not resolve following the deposition and the discovery process ends, you will then be getting ready for trial. Using all additional information gathered, as well as the deposition testimony, your attorney will start developing a plan.
Developing arguments, choosing witnesses, and planning exhibits to show in court are part of this preparation. It’s all part of what happens after a deposition in a personal injury case.
Your attorney will probably visit you numerous times during this period to review your testimony and make sure you are ready for what to expect at trial. They will walk you through the questions your attorney and the other side might ask you. You want to be sure you feel secure and prepared for court testimony.
Pre-trial motions — where your attorney argues before the court to either include or reject particular pieces of evidence — may also be used. The course of the trial and the evidence that will be presented to the jury can be greatly altered by these moves.
Talks of Settlement Still Under Way
Settlement talks often go on even when trial planning is under process. An approaching trial’s pressure might inspire both parties to reach a consensus. Your attorney will keep you updated on any settlement proposals that develop and provide their expert advice on whether to accept an offer or go on to trial.
Remember too that settlements can occur at any moment, including during a trial. Should a settlement be obtained, your case will close, and you will be paid the decided-upon amount. But if not, the trial will go forward, and the jury will have the final say.
The Trial
Should your case go to the trial level, all the prior preparation and evidence collecting will be applied. The trial starts with the jury selection and then opens from both sides with remarks.
Your attorney will then deliver your case, calling witnesses — including expert witnesses if needed — and offering proof supporting your claims.
Your deposition might be evidence utilized throughout the trial, especially should the other party try to refute your testimony. Your attorney will be ready to handle any differences between your trial testimony and your deposition, therefore maintaining the strength of your case.
The trial procedure can be drawn out and days or sometimes weeks pass before a decision is decided upon. The case will close after the jury renders its decision, either with your name cleared or with a ruling at your disadvantage.
Post-Trial Motions and Appeals
There can be more actions even after a trial. Should the outcome be to your advantage, the other party may submit post-trial motions requesting the judge to change the decision or order a new trial. Your attorney will fight these motions and advocate for a maintained verdict.
Sometimes, both sides might object to the outcome. An appeal is a request for review of an initial court decision by a higher court. If an appeal is launched, the matter will enter a new round of legal procedures that may take months or even years to settle.
For Expert Legal Counsel, Contact HoeyLegal Today
In a personal injury lawsuit, the period after deposition is dotted with crucial actions that could decide your case’s fate. Whether your case concludes in a settlement, goes to trial, or is appealed, you really need an experienced personal injury attorney on hand. They will lead you through every phase so that you are ready for what is to come.
See HoeyLegal for a free consultation if you have been hurt and are dealing with a deposition or aftermath. Our committed team is here to fight for your rightful compensation.