What Happens After a Deposition in a Car Accident Case?
A deposition is an expected part of a car accident case, but it is an event that often causes stress for car accident victims. The thought of answering questions under oath can be intimidating, and many people fear misspeaking. However, your legal team will ensure you are adequately prepared for your deposition and know what to expect so you can approach it with confidence. But what happens after your deposition is over? Learn more about the timeline following your testimony for an idea of how your case may progress, courtesy of our proven advocates for legal matters related to Las Vegas car accidents.
What is a Deposition?
During the discovery phase of a car accident case, both the defendant and the claimant have the chance to collect evidence and review evidence collected by the opposing side. As part of this process, the defendant’s legal team may request a deposition from the claimant to gather information. A deposition is sworn testimony that occurs outside of a courtroom.
A person may voluntarily participate in a deposition, or they may be subpoenaed to testify. Typically, in car accident cases, the deposition will be oral rather than written because this allows the deposing party to ask follow-up questions to get clarification. Your lawyer will help you prepare, but they cannot coach you while you are testifying.
What Are the Next Steps After Your Car Accident Deposition?
Your deposition will either be recorded by a stenographer or captured on an audio recording. The court reporter will then create a transcript of your testimony, and you and your lawyers will check this record for accuracy before proceeding. After this, your lawyer will determine how your answers impacted your case and whether other witnesses should be deposed.
After the deposition, the at-fault party’s legal team will often request that you undergo an independent medical examination. An experienced car accident attorney can tell you what to expect from this examination and help you get ready for it. It is critical to remember that this doctor can only examine the body parts mentioned in the lawsuit, and you can object to an examination that goes beyond these limitations.
Once you have seen the doctor, negotiations between your lawyer and the at-fault party’s insurance company will begin. A settlement may be offered, and you and your lawyer can determine whether or not it provides fair compensation for your injuries. Ultimately, as the claimant, you have the final say on whether you accept a settlement offer or not, but your lawyer will provide you with guidance and advice. You may choose to take the case to trial if a settlement cannot be reached.
What Can You Expect From Your Lawyer After Your Deposition?
The deposition and any other information gained during the discovery phase will give your legal team a good idea of the strengths of your case and the defense’s case. This will provide a starting point for negotiating a settlement. As negotiations progress, your lawyer will keep you updated on any settlement offers and explain the pros and cons of accepting them. This process can be quick, or it may take several months to reach an acceptable agreement. The vast majority of cases never go to trial, but if negotiations reach an impasse, your lawyer can begin the process of taking your claims to court.
If you have further questions about the deposition process in your car accident case, contact us today at (702) 444-3228 to speak with one of our knowledgeable personal injury lawyers.