If you’ve had a deposition in your car accident claim, you’re probably wondering what comes next. The legal process works a lot like a slow-moving engine, but each process plays a role in getting the best outcome. Whether your case settles or is tried, understanding what happens after your deposition will prepare you.
Insurance companies will look for ways to minimize payments. They can reduce their settlement offers after a deposition based on how solid your testimony is. A Fort Lee personal injury lawyer will be able to help you navigate the claims process with insurance companies for an appropriate settlement.
What is a Deposition in a Car Accident Case?
A deposition is a process in which both sides’ attorneys interview you under oath. It is done during the discovery stage of a case to gather evidence. When your deposition testimony is corroborated by written evidence, it strengthens your case in settlement negotiations or in court, so the importance of documenting the scene of an accident cannot be overlooked.
The attorney for the opposing party will ask you questions about the accident, your injuries, and how the accident has changed your life. Your answers are recorded , typed into a transcript and made part of the case. .
Your lawyer can be present to protect your rights, but the opposing lawyer is trying to trip you up with a lie or contradiction in your words. So, preparation is essential.
What to Expect After Your Deposition
Once the deposition is completed, the legal procedure continues. Here’s what happens next:
Transcript Preparation
All that is said during your deposition is recorded by a court reporter. The report is made into an official document and can be used in settlement talks or at trial. Preparation typically takes a few weeks.
Transcript Review
When the transcript is finalized, both parties read it. Your attorney will go through it with you for mistakes or inaccuracies. If there are any mistakes, you may have a chance to correct or clarify them.
Further Discovery
Depositions could lead to further discovery. If evidence that wasn’t known before becomes available, attorneys can request more documents, medical information, or even further depositions of witnesses. This process helps both sides build their case.
Settlement Negotiations
After the reading of your deposition, the defense might decide to offer a settlement. If your testimony was strong and consistent, they might prefer to settle rather than proceeding to trial. Your lawyer will advise you as to whether or not to accept an offer, or whether or not to attempt to obtain a better one.
Trial
Unless the case is settled, it is sent to trial. Both parties may utilize your deposition testimony in support of their arguments. If your deposition testimony is effective, it could heavily influence how a jury views your case.
Your deposition testimony affects the strategy of the trial. If your answers were unambiguous, direct, and aligned with the facts, your lawyer may use that testimony to support your case during the trial. If there were inconsistencies, though, the defense might use them against you.
Your lawyers will construct arguments from the testimony you swore to under oath. They’ll also anticipate the defense strategy and construct counterarguments.
How a Deposition Affects Your Trial Strategy
If your case is actually taken to trial, your deposition is extremely powerful. The other side’s lawyer can refer to your previous claims to discredit your testimony. Your tesimony is more believable if it is consistent. If your responses change, then the defense can argue that your testimony isn’t credible.
What Happens if You Go to Trial After a Car Accident Deposition?
If you decide to go to trial after a car accident deposition, this is what could happen:
- Your deposition is read or heard in court.
- Lawyers might compare your live testimony to your deposition to find differences.
- The jury will consider your statements when deciding the case outcome.
Going to trial can be stressful, but with proper legal guidance, you’ll be prepared.
How Long Does a Car Accident Deposition Take?
Depositions can range from one hour to several hours, depending on the case complexity. If multiple parties are involved, it may take longer. Your Fort Lee car accident lawyer will estimate the expected time based on the questions you’re likely to face.
Several factors influence the duration of a car accident deposition. Simple cases where liability is straightforward may take an hour or two, whereas complicated cases where there are severe injuries, disputes over fault, or severe damage may take several hours more. The number of witnesses, the volume of evidence, and legal strategy (for example,aggressive questioning or constant objections) can extend it. A well-prepared witness can shorten the deposition, while vague answers can extend it. Court regulations and scheduling constraints can also have an impact on the length of time.
Contact The Lawyer About Your Car Accident Case
Legal counsel after a car accident deposition is crucial. Whether you are going to trial or negotiating with insurance companies, having a qualified attorney can make all the difference.
A lawyer at Omni Injury and Accident Law, P.C. can assist you in navigating the legal system and receiving maximum compensation. Being aware of your rights and having proper legal representation can help you get the compensation you deserve.