If you or somebody you care about has been injured due to the careless or negligent actions of somebody else, there is a good chance you will be able to recover compensation through a settlement with insurance carriers or through a personal injury lawsuit.
However, when a person seeks compensation through a personal injury lawsuit, there is a good chance that they will be asked to sit for a deposition. Here, we want to briefly discuss what a deposition is as well as what happens after a deposition has been given in a personal injury case.
What is a Deposition?
Depositions are an important part of the discovery phase of a personal injury lawsuit. A deposition is an opportunity for attorneys for the plaintiff and the defendant to ask questions of any possible witnesses who may have pertinent information related to the case.
A deposition is given under oath, and anything said in a deposition can be used during the jury trial process. If you are already to the point of giving a deposition, then you know what is at stake.
In general, a deposition will cover any topics already mentioned or written in statements provided pertaining to the case. Even though a deposition is not a formal legal proceeding, there will be a court reporter present to takedown anything said.
During the deposition, the attorney for the opposing side will ask questions, but your attorney will have the opportunity to pose follow-up questions and intercede if they disagree with a certain line of questioning.
The Steps After a Deposition
After a deposition occurs, the court reporter will transcribe everything that was said verbatim. They will produce a written transcript of the deposition for all parties involved. Both attorneys will refer to this transcript later during the litigation process. This will include during a personal injury trial if the case goes that far.
If you have given a deposition, your Riverside personal injury attorney will receive a copy of the transcript and likely review it with you.
However, a deposition is only one part of the overall personal injury case. There are various other factors that will be taken into consideration by all parties involved when determining whether or not to move forward with the case.
At this point, it could very well become a waiting game. When you give a deposition, the opposing counsel will be looking at various factors aside from the transcript. You can think of the deposition process as a test run for any eventual personal injury trial.
In a sense, your deposition is an audition for the other side. If you are deemed credible and believable, the opposing counsel may have to think twice about proceeding forward with their case. They may choose to offer a settlement.
Attorneys from both sides will continue to examine all of the evidence they have gathered throughout the discovery process as well as information gathered during any other depositions. There is a good chance that negotiations will continue after depositions are given.
Depositions often signal to one side or the other that they need to go ahead and capitulate and offer a fair settlement or drop their case because their chances do not look good.