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What Happens After Deposition in a Personal Injury Case?

A deposition can be an intimidating and scary process. You can breathe and sigh of relief when you finally give yours and put this stage of the lawsuit behind you. However, the work isn’t finished just because you and the defendant provided depositions.

You should know what to expect during the rest of your case. The steps that follow depositions depend on many factors, including how you and the defendant did during questioning in your depositions.

You should hire a personal injury attorney to guide you through the next stages, such as:

  • Review the deposition transcript – A court reporter records everything said during a deposition and creates a written transcript. Your lawyer will request a copy of the transcripts to review with you. They will determine the strengths and weaknesses of your case, look for errors, and locate inaccuracies or inconsistencies in the defendant’s deposition.
  • Depose additional witnesses – Deposing another witness to the case might be necessary. Your attorney might want to question someone else after learning about new information during the deposition with you or the defendant. Other deponents can be expert witnesses, such as a doctor, an accident reconstruction expert, and anyone who saw the accident occur.
  • independent medical examNegotiate a settlement – Liability might be apparent after reviewing the defendant’s deposition. They might admit fault or offer information showing their actions contributed to the incident, and they should be liable. Either way, it can improve the chance of a successful settlement negotiation.
  • Attend an independent medical exam (IME) – An IME might be a required part of the lawsuit. It allows another doctor to evaluate your condition and diagnose your injury. Defense lawyers often request IMEs to determine if the type and nature of your injury are real. The physician you go to might disagree with your initial doctor’s diagnosis.

How Long After Deposition Is Mediation?

Negotiating a settlement might continue after both attorneys review the transcripts from the plaintiff and defendant’s depositions. Each party’s performance will determine the next steps. Opposing sides might decide to take their chances at trial because they believe their case is stronger post-deposition. One attorney might initiate settlement talks to try to resolve the issue and avoid trial.

Mediation can be voluntary or mandatory. Mandatory mediation is an order by the court. When it’s voluntary, either lawyer can request a scheduled mediation, and both attorneys agree to attend.

The timeframe between deposition and mediation depends on multiple factors. You don’t have to follow a specific deadline. You can schedule mediation at various points throughout the lawsuit.

How Long After Deposition Is Settlement?

personal injury lawsuit settlementThe time it takes to settle your case after deposition depends on multiple circumstances. Typically, defense lawyers don’t present settlement offers at the end of depositions. They wait to review the transcript and determine whether their case could hold up in court.

Various factors can contribute to the length of time it takes to settle after deposing the plaintiff and defendant, such as:

  • Time and cost – Taking a personal injury lawsuit to trial requires more money and time to prepare. The defense attorney might think they have a good chance of winning the case but would rather save time and money by offering a settlement to resolve the matter quickly.
  • Strength of the case – Opposing counsel will want to continue to trial if they believe they have a stronger case than yours. They will reject your settlement demands and avoid compromising during mediation.
  • Deposition performance – The defense attorney might realize settling is better than leaving the decision in the jury’s hands. If their client conducts themselves poorly during depositions, reaching a settlement agreement before the trial begins is in their best interest.

Speak to a Trusted and Skilled Personal Injury Lawyer in Lake Charles

Depositions are stressful. Sitting across from a lawyer as they ask questions about an accident is a nerve-wracking experience. However, it’s a necessary part of a personal injury lawsuit.

You can prepare yourself for the complicated process you face by hiring the Lake Charles personal injury attorneys of Veron, Bice, Palermo & Wilson, LLC. We represent injured clients harmed by others’ misconduct. You will have an experienced and aggressive personal injury attorney in your corner fighting for you. We will provide the guidance and support you need to handle your deposition and other aspects of your case.

Call us at 337-800-8800 for a free initial consultation today if you were injured in an accident someone else caused. Let us be your advocate and seek the justice and compensation you deserve.

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337-800-8800

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