A personal injury deposition is a formal interview where lawyers ask questions about a personal injury case. It happens outside of the courtroom, usually in a lawyer’s office. What happens after a deposition?
During the deposition, the involved parties and witnesses answer questions under oath. These can include questions about the incident, your injuries, and other relevant matters. Like in court, everyone must tell the truth while answering questions in a deposition. Lying under oath can result in perjury charges, which can lead to serious legal consequences like fines and jail time.
The goal of the deposition is to gather information that both sides can use to prepare their cases for trial. But what is the next step after deposition?
What Happens After a Deposition?
Understanding what comes after a deposition allows you to stay informed and prepared throughout your personal injury case. After your deposition, your lawyer will review the deposition transcript carefully. This transcript is a written record of everything everyone said during the deposition. Your attorney will look for inconsistencies in the testimony or new information that could help your case.
Next, your lawyer might decide to continue discovery. Discovery is the process of gathering evidence and information before a trial, including by conducting depositions. After the deposition, there might be more expert witnesses to interview or documents to obtain. Your lawyer will identify these potential sources of additional information and, if appropriate, investigate them to strengthen your case. They might also prepare for settlement negotiations or get ready for trial, depending on the direction of your case.
How Long After the Deposition Is Mediation?
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Mediation is a process where both parties in a personal injury case try to reach an out-of-court settlement with the aid of a neutral mediator, who acts as a go-between. Mediation might happen if both sides want to avoid the time and expense of a trial and believe they can compromise. It offers a chance to discuss the case openly and find a mutually acceptable solution. However, not all personal injury cases involve mediation.
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If one or both parties feel strongly about their positions and believe they have solid cases, they might choose to go from discovery directly to a trial instead. When mediation does occur, however, it typically takes place a few months after the deposition. The exact timing depends on the complexity of the case and the availability of the mediator and other involved parties.
How Long After the Deposition Until I Get My Settlement?
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A settlement is an agreement between parties to resolve a personal injury case without going to trial. The at-fault party (or their insurer) agrees to pay the injured party a certain amount of money. In exchange, the injured party agrees to waive their legal right to sue the at-fault party. Settlements can happen at any stage of a personal injury case, often after the parties have exchanged significant information, such as during or after depositions. Many cases settle because it saves everyone time and money while providing more control over the outcome. However, some cases do not settle. If the parties cannot agree on terms, the case could go to trial.
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If your case settles, you should receive your settlement shortly after signing the agreement. The exact timing depends on when you reach an agreement and any administrative steps necessary to process the payment. If the case goes to trial, receiving your money could take much longer, possibly several months to a year or more, especially if there are appeals. Your lawyer will guide you through the process and help you set realistic expectations for when you might receive your payout.
Preparing for a Personal Injury Deposition
Preparing for a personal injury deposition can feel overwhelming, but you can handle it confidently with the right guidance. Here are some tips to help you get ready:
- Understand the Process: Talk to your lawyer to learn more about what to expect during the deposition. Ask any questions that arise if you need clarification.
- Review Your Case: Go over the details of the accident, your injuries, and the impact on your life. Review any documents or evidence related to your case.
- Practice Your Testimony: Practice answering potential questions with your lawyer until you are comfortable with what you plan to say. Focus on giving clear and concise answers.
- Be Honest: Always tell the full truth, even if some details seem unimportant. Avoid exaggerating or minimizing your injuries.
- Stay Calm and Composed: Take your time to think before answering each question. Remain calm, even if the questions become difficult or frustrating.
- Dress Appropriately: To make a good impression, wear professional and comfortable clothing. Avoid overly casual or flashy outfits.
- Bring Necessary Items: Bring any documents or evidence per your lawyer’s advice. Have a notepad and pen with you in case you need to take notes.
How a Personal Injury Lawyer Can Help with Your Deposition
An experienced personal injury attorney will play a crucial role in your deposition. They will begin by explaining the deposition process so you know what to expect. This includes who will be present, the questions you might face, and the importance of your responses. Your lawyer will review all aspects of your case with you, including the accident details, your injuries, and any relevant documents so that you can recall important facts accurately.
Your lawyer can also conduct practice sessions with you to simulate and prepare you for the deposition environment. These sessions allow you to practice answering questions clearly and confidently. Your lawyer will provide feedback on your responses, helping you avoid common pitfalls such as providing too much information or making guesses when unsure.
During the actual deposition, your lawyer will be there to support you. They will make objections to improper questions and ensure the questioning remains fair. If you need a break or feel overwhelmed, your lawyer can intervene and provide guidance. After the deposition, your lawyer will review the transcript to ensure its accuracy and discuss any next steps in your case. Their guidance can help you through this challenging phase and significantly improve your chances of a favorable outcome.
Contact a Memphis Personal Injury Attorney Now
If you need help with a personal injury deposition, call Gatti, Keltner, Bienvenu & Montesi, PLC today at (901) 526-2126. Our Memphis personal injury lawyers offer a free consultation to discuss your case, answer your questions, and help you understand your legal options. The experienced attorneys in our law firm have the legal capacity and proven record of success to assist you in your case.
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