What happens after deposition in a personal injury case?

After a deposition in a personal injury case, both sides review the transcript, reassess their strategies, and decide whether to pursue a settlement or push toward trial. What happens next depends largely on what the deposition revealed and how it affects each side’s position. A abogado de lesiones personales de Nashville at Weir & Kestner Injury Lawyers can walk you through where your case stands and what to expect going forward.

What happens immediately after a deposition is completed?

Not long after a deposition is over, a court reporter will prepare a written transcript. They share this with all parties in the personal injury lawsuit. The deponent (the person who was deposed) may review the transcript for accuracy and can note corrections within the time allowed. Both sides also review the transcript as part of their ongoing case strategy.

The next step is to compare the deposition statements against existing documentation and statements. At this point, the parties may adjust their strategies and take action to push the case closer toward a settlement agreement or continue taking measures to prepare for trial. 

How do personal injury lawyers use deposition testimony to evaluate a case?

 A deposition in a personal injury claim can help an experienced personal injury attorney do the following:

• Assess the other side’s strengths: Your lawyer can determine if there’s consistency across testimony and evidence, as well as whether someone’s story changes or stays reliable.
• Freeze testimony: Deposition statements become the official story, and an attorney can impeach a witness at trial if they change their statements from the deposition. 
• Discover new evidence: Statements in the deposition might strengthen or weaken your case as your lawyer finds new evidence.
• Determine witness credibility: Your attorney will decide how well a witness can persuade the jury to your side, based on their consistency, likability, professionalism, and trustworthiness. 

Your personal injury attorneys will compare the other information they’ve collected in the discovery process against the deposition transcripts. This includes statements from doctors and expert witnesses, as well as medical records, photos, and videos of the incident.

Does a deposition lead to settlement negotiations or offers?

Yes, an important advantage of a deposition is often a more effective negotiation as your attorney gains a better idea of how a jury may decide your case. If one side feels their case is weaker after deposition, they’re more likely to put forward higher settlement offers. If their case is stronger, they may be less inclined to reach a settlement if they feel they can do better in court. 

What happens if your case does not settle after a deposition?

If the defendant questions the severity of your injuries or other evidence, they may request independent testing or medical examinations. Attorneys can also file motions to suppress evidence and countermotions to deny suppression. 

If the deposition makes it clear that there are no factual disputes between the parties, either side can file a Motion for Summary Judgment, asking the judge to rule in their favor without a trial.  However, the decision to file an MSJ is very tactical and one your lawyer will determine if it is in your best interest.

How long does it take to reach a settlement after a deposition?

It could take only a few days, or it might take several weeks. The length of time depends on how complicated the case is and whether both sides use mediation or other alternative dispute resolution (ADR) methods. 

Settlement timing depends on both sides’ read of the case after depositions. If the evidence is strong, your attorney may push to keep the case moving toward trial rather than accepting less than it’s worth. Your lawyer may send a demand letter asking for a specific amount. However, if your attorney believes you can win greater compensation at trial, they may keep moving forward with the lawsuit while settlement talks occur. 

Talk to a Nashville personal injury lawyer about your next steps

At Weir & Kestner Injury Lawyers, we assist our clients through each stage of their personal injury cases. If you have questions about where your case stands after a deposition, we’re here to help. We serve clients in Nashville, Murfreesboro, Smyrna, and surrounding areas, and when you reach out, you’ll speak directly with an attorney. Call (615) 220-4180 o Contacta con nosotros en linea to arrange a free consultation.