What Happens After a Deposition in a Personal Injury Case?

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

A traditional courtroom setting.

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.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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