What Happens After A Deposition In A Personal Injury Case

Posted: March 31, 2021

If you or somebody you love sustains an injury caused by the careless or negligent actions of another individual, business, or entity, you may very well be able to recover compensation through a personal injury lawsuit.

However, securing this compensation can be challenging. Part of the process may involve you sitting for a deposition where you will have to give sworn out-of-court testimony about the incident and your injuries. Though these depositions are not held in court, they will be given under oath, and a court reporter will be present. Attorneys for both sides will be present at the time of deposition is taken.

However, many people wonder what happens after they give a deposition in a personal injury case. The reality is that what is said during a deposition can play a significant role in the outcome of the injury claim.

After the Deposition is Over

The deposition takes place during the “discovery phase” of the trial process. This is when both sides gather and exchange evidence with one another so that every party understands what they are up against. When a deposition is over, the court reporter will create a transcript of the testimonies so that the attorneys, the judge, and a jury will have written documentation to reference along the way.

In the aftermath of giving a deposition, it is not uncommon for the opposing side (the attorney for the defendant) to request that the injury victim undergo an independent medical examination to get another evaluation of their injuries. Even though this is supposed to be an “independent” examination, this is typically going to be an attempt by the at-fault party’s attorneys to disprove the injuries.

After the discovery phase is completed, including the depositions, both sides will likely enter mediation in order to reach a resolution before the case goes to trial. An injury victim’s attorney will work diligently to reach a fair settlement with the insurance carrier of the at-fault party and/or directly with the at-fault party. However, if a fair settlement cannot be reached at any point during the discovery phase or during any mediation, it will be necessary for the personal injury claim to move forward to a jury trial.

The Importance of Working with an Attorney

Personal injury cases can become incredibly complex, particularly when going up against well-funded insurance carriers and at-fault parties who involve their attorney. In these cases, particularly when the issue is headed towards a trial, it is crucial for an injury victim to work with a skilled lawyer who can handle every aspect of the process for them.

A Denver personal injury lawyer can use their resources and legal expertise to level the playing field and help ensure that the injury victim is properly represented at every step along the way.

An attorney will fully prepare an injury victim to give a deposition, and they will be present when the deposition is ongoing. After the deposition is over, a personal injury lawyer will thoroughly explain to the injury victim where the case stands and the best options moving forward.