Depositions occur during the litigation stage of a personal injury case involving a motor vehicle accident. Before deposition, the accident victim has already chosen to file a lawsuit. By the time the deposition rolls around, the case is well into litigation. After the deposition, the at-fault driver’s insurance company may raise any settlement offer currently pending in the case.
After consulting an attorney, the accident victim may reject an increased settlement offer and continue litigating the case to a conclusion, such as an alternative dispute resolution or trial. They can also choose to settle the case instead at any point.
If you were in a motor vehicle collision and suffered injuries, an experienced personal injury lawyer can file a claim or lawsuit on your behalf and guide you through the litigation process. A lawyer will also make sure you are fully prepared for your deposition and can help you decide how best to bring your personal injury case to a satisfactory close.
Prerequisites of a Deposition
A deposition occurs during the litigation stage—specifically, the discovery phase—of a personal injury car accident case.
Before preparing for and attending your deposition, the following steps will likely have already taken place in your case:
- Your lawyer will have filed a personal injury lawsuit against the driver(s) at fault for the motor vehicle accident.
- A process server will have served the defendant(s), such as the at-fault parties named in the complaint, with a summons and a copy of the complaint.
- The defendant(s) will have referred the complaint to their insurance company.
- A defense attorney will have entered an appearance in the case on behalf of the defendant(s).
- The defense counsel will have filed an official answer to the complaint your attorney filed.
- The defense counsel will likely have sent you or your attorney interrogatories, which are written questions about how the motor vehicle accident occurred, your injuries, and your damages.
- The defense counsel will have scheduled your deposition for a specific date, time, and location.
An experienced car accident attorney in your jurisdiction can guide you through the litigation process and assist you with the beginning stages of discovery.
Depositions in Car Accident Cases
Depositions in a car accident case occur during the discovery stage of litigation. Since depositions are an oral proceeding, they are a type of oral discovery. Essentially, a deposition covers more in detail the issues and topics mentioned in the written interrogatories that the defense counsel sends to you or your attorney for completion.
A deposition is not a formalized legal proceeding in the sense that it will not typically occur in a courtroom. Instead, these proceedings usually take place at one of the attorney’s law offices or the court reporter’s place of business. No judge or jury will be present during a deposition.
In fact, the only individuals who are likely to be present in the room include the following:
- The opposing counsel, who will ask the questions during the deposition
- Your attorney, who will have the opportunity to ask follow-up questions on cross-examination
- The court reporter, who records everything to create a written transcript and record of what each attorney or party said during the deposition
Even though a deposition is not a formal court proceeding, the court reporter will still swear you in when the deposition begins. This means your deposition testimony is under oath and has the same effect as if you were testifying live on the witness stand in court.
Depositions consist of a series of questions from the defense attorney to the accident victim, which the victim answers. A deposition is a very fluid process. During a deposition, any topic you bring up in your answer to a question can serve as the basis for a follow-up question. You must simply answer the attorney’s question, in as few words as possible, without volunteering information.
A deposition is not the time to tell your story. You will have that opportunity later if your case goes to trial. If you do not recall the event or circumstance the defense attorney is asking about, such as the name of a healthcare provider or a treatment date, it is fine to say that you do not know or remember the answer.
You should also keep in mind that the primary purpose of taking your deposition is for the defense attorney and the at-fault person’s insurance company to find out what you factually remember about your accident, as well as the injuries and damages you suffered as a result. Consequently, you should not make guesses or speculations during a deposition.
What Happens After the Deposition in a Car Accident Lawsuit?
There are a few steps after the deposition in a car accident case, including the following:
- Transcript — The court reporter will make an official transcript of your deposition, which may take a few weeks. Both sides will then be able to review it and look for any errors and inaccuracies.
- Lawyer’s evaluation — Your attorney will consider your deposition and review the transcript to determine how it may affect the rest of your case. They may then suggest you request more evidence or testimony, pursue a settlement, or continue to trial.
- Medical exam — The defense team will often request you get an independent medical examination. However, these medical providers are often chosen by the insurance company. It’s important to have your attorney advise and prepare you for the exam.
Your car accident attorney will help you determine whether pursuing a settlement or trial is in your best interest for your specific case. This is when trial preparation will begin if you decide to take it to court.
If you decide to settle at any point, your lawyer will advocate on your behalf to negotiate a fair settlement that covers your losses. How long after deposition your settlement is finished will depend on how the deposition goes, what offers the insurance company makes, and when you decide to settle.
What Happens If You Go to Trial After a Car Accident Deposition?
If the defense does not offer a fair settlement, your lawyer may advise that you continue your personal injury lawsuit. From there, the following steps may occur:
- Trial preparation — To prepare for the trial, your attorney will review the evidence, decide which eyewitnesses to call, find expert witnesses, and prepare opening and closing statements.
- Testimony — Both you and the defendant will testify at the trial. The defense will compare your testimony to your statements at the deposition, so it’s important to be prepared and stick to the facts. There will also likely be eyewitnesses and expert witnesses that provide testimony.
- Verdict — Once the court has heard your case, the judge or jury will make a decision. If the judgment is in your favor, you will be awarded compensation based on what the court determines you are entitled to for your losses.
Additional Post-Deposition Settlement Negotiations
Once the deposition takes place, the court reporter will transcribe everything into a verbatim deposition transcript. The parties will refer to this transcript later during the case—including at trial, if the matter goes that far. Once the court reporter transcribes everything and sends the finished transcripts to the attorneys, the defense attorney will usually report to their adjuster about how the deposition went.
Specifically, the defense attorney will likely report on the following:
- Your credibility – First and foremost, the defense attorney at a deposition will be looking for clues you were believable and credible, including whether or not your testimony seemed exaggerated. The defense attorney will also observe whether or not your answers at the deposition are consistent with your answers to interrogatories and medical records.
- Your presentation – The defense attorney who takes the deposition will also look to see how you present yourself while testifying. Specifically, the attorney will want to know if you are articulate and will make a good presentation on the witness stand in a courtroom if the matter goes to trial.
- Your appearance – The defense attorney will also observe whether you “look the part.” For example, if you’re claiming you suffered severe injuries in the accident, but it appears there is nothing wrong with you at the deposition, the defense attorney will likely report that fact to the insurance company’s settlement adjuster.
If you make a good impression at the deposition, the defense attorney may relay that fact to their adjuster and convince them to offer more settlement money for the case. At that point, it will then be up to the accident victim whether to accept or reject a particular settlement offer.
However, if you make a poor impression at the deposition, the defense attorney will likely tell the adjuster not to increase any pending settlement offer on the table. A defense attorney or insurance company adjuster will rarely revoke a pre-deposition settlement offer. But it could happen if you never accepted that offer before the deposition.
In some instances following a car accident deposition, there may be a period of additional back-and-forth negotiations between your attorney and the defense attorney, after which you may decide to settle the case. Following your deposition, an experienced car accident lawyer in your jurisdiction can help you decide whether you should accept a pending settlement offer, make a counter-offer, or reject the pending offer outright.
Settlement and Alternative Dispute Resolution (ADR) Conferences
Once a deposition has taken place and the discovery process concludes, the court may require the parties to attend a pretrial/settlement conference or some other type of alternative dispute resolution (ADR) conference, such as mediation. Settlement conferences typically occur at a courthouse, with a judge or settlement officer presiding over the conference. An ADR conference, such as mediation, may take place before a neutral third-party mediator, such as a lawyer or retired judge who does not have an interest in the case.
The purpose of settlement conferences and mediation is to try and get both sides to work together to resolve a case. At both pretrial/settlement conferences and mediations, the judge or mediator may first meet with both sides together to learn each party’s version of the case, as well as the amounts and types of damages at stake in the litigation.
The judge or mediator may then have a series of separate breakout meetings with each party to the case, during which settlement demands and offers go back and forth. At some point in the process, the parties will either close in on a deal both sides can agree on, or the parties will reach an impasse. If the parties successfully settle the case during a settlement conference or mediation, the case ends and will not go to trial.
Personal Injury Jury Trial or Binding Arbitration
If the personal injury car accident case does not settle before or at the settlement conference (or mediation), the case will likely go to a jury trial. During a jury trial, the accident victim will have the opportunity to take the stand and testify about the accident, how it occurred, the injuries they suffered, the extent of the medical treatment received, and the impact the accident and injuries have had on their life and well-being.
If an accident victim suffered one or more serious injuries, such as bone fractures, soft tissue injuries, paralysis, or head and traumatic brain injuries (TBIs), the accident victim can testify about what they had to endure due to the accident. The jury, usually including six jurors and one or two alternates, will then have the task of deciding what, if any, damages the accident victim is entitled to receive.
Instead of a trial, the parties to the dispute may agree to binding arbitration. Before arbitration, both parties must agree to certain parameters for a damage award, which they must not disclose to the arbitrator. For example, if the parties agree to a low of $25,000 and a high of $100,000, the accident victim will receive $25,000 simply for showing up at the arbitration. Even if the arbitrator were to come back with an arbitration award of $0, then the accident victim would still be entitled to the pre-set low limit. However, if the arbitrator awards $150,000, the accident victim can only recover $100,000.
During the arbitration, the accident victim and fact witnesses will testify just as if they were on the witness stand at trial. A neutral third-party arbitrator will:
- Listen to all of the evidence presented on direct examinations and cross-examinations
- Consider all of the written evidence submitted during the proceedings, including medical records and bills
- Render a written decision that awards the accident victim damages
An experienced car accident personal injury lawyer can assist you throughout your case and will vigorously advocate for you at an arbitration or jury trial. A lawyer can also help you decide if it is in your best interest to take your case to a trial or binding arbitration.
Litigating a personal injury car accident case and navigating through the process can be daunting. An experienced car accident lawyer can thoroughly prepare you to testify at a deposition and guide you through the next steps. A lawyer will also counsel you on difficult decisions, such as whether to accept a pending post-deposition settlement offer or risk taking your case to a jury trial or binding arbitration. Contact a lawyer whose main goal is to maximize the monetary compensation for the injuries you suffered in your car accident.
Talk to a Lawyer About Your Car Accident Case for Free
Pursuing a car accident lawsuit while you’re recovering from injuries can be stressful and overwhelming. The pressure of preparing for a deposition is a time that the guidance and representation of a car accident attorney can make a difference. To learn more about how the legal team at Brauns Law Accident Injury Lawyers, PC can help, contact us today for a free consultation.
