What Happens After Deposition in a Personal Injury Case?

Those navigating a personal injury lawsuit often wonder: “What happens after deposition in a personal injury case?”

Understanding this part of the legal process can be helpful, as it may be intimidating. Accident victims may find it easier to navigate the process with assistance from a personal injury attorney in Melbourne, Florida. These attorneys can advise injured parties on how to approach any legal proceedings and attend depositions with them to provide additional legal protection.

Working with a knowledgeable personal injury attorney can make the entire discovery process smoother, as these professionals understand the legal system and what information is most pertinent to a case. Their experience asking the right questions during a deposition can also be valuable to those seeking an early settlement or a summary judgment.

Learn more about the deposition process to understand how an attorney can support you through it.

What Is Deposition in a Personal Injury Case?

While many personal injury cases result in resolutions directly with insurance companies, some escalate to personal injury lawsuits. Depositions occur during the discovery phase of a personal injury lawsuit.

During the discovery phase, the opposing parties gather information about each other and the incident that caused the injury. Both parties can submit written inquiries and request documents from each other. Additionally, the deposition process allows each side to question the other’s experts and witnesses to gather testimony under oath before the court.

An attorney may also use the deposition process to gather expert testimony from field specialists. For instance, after a car crash, the plaintiff’s attorney may question an accident reconstructionist or a medical professional about the incident and the resulting injuries. These testimonies are significant because they offer objective insight into the events, allowing a knowledgeable third party to clarify details of the accident, including potential areas of negligence and the severity of the situation.

This process can be time-consuming and intimidating, as anything said during a deposition is legally binding and may undergo scrutiny against later testimonies at trial. Attorneys generally recommend entering the deposition process with the assistance of legal counsel. While the state will provide you with an attorney for the deposition, it may be better to hire your own personal injury lawyer at the beginning of the process to ensure their maximum involvement with the details of the case.

During a deposition, one’s attorney can object to the opposing counsel asking improper questions or otherwise garnering unfair advantages against the plaintiff or their witnesses. After the opposing counsel completes their questioning, your personal injury attorney will question you to provide a well-rounded account of the events. Because depositions occur at the end of the discovery process, each side’s attorney will already have:

• Submitted pre-trial requests for admissions (inquiries requiring true or false confirmation) from the other side
• Requested documents such as medical evaluations, employment records (where applicable), and reports of the incident
• Sent questions for the opposition to answer in writing (to assess factuality and clarify details of the event)

Both attorneys use this information to inform their questioning. A court reporter will record the events of the deposition and provide transcripts to both attorneys.

The deposition is a key part of trial preparation and can strongly affect the injured party’s options during litigation. If, for instance, the deposition reveals that the defense’s case has greater material support, the plaintiff may not have much leeway in settlement negotiations. In contrast, depositions that document strong evidence on behalf of the injured party tend to increase the potential settlement account.

What Happens After Deposition, and How Does It Affect My Case?

Following a deposition, important decisions can be made that alter the course of the case. First, either party can submit pre-trial motions for summary judgment. This motion essentially bypasses trial by jury in cases where neither party disputes the facts at hand.

The attorneys on either side will file a motion that includes their evidence and legal arguments regarding what they view as undisputed facts of the case and request that the judge rule in their favor when discovery closes. The judge will then decide whether there are disputes within the material facts (importantly, minor or irrelevant disputes deemed immaterial by the judge will not factor into the judgment). The judge’s verdict may be either a complete or partial motion for summary judgment.

In partial summary judgments, the judge grants the motion on certain counts and mandates that others go to trial. This is often the case when the motion deals with multiple separate charges against the defendant. The final dispersal of damages will not occur until a judge rules on all charges, either in or out of court.

If the judge grants a motion for summary judgment in favor of the plaintiff, the defense will often have already initiated settlement negotiations. However, if the defense believes there is a chance that a judge will grant the motion in their favor, they will delay settlement offers until the verdict. These situations arise when the injured party fails to gather sufficient evidence during discovery to support their case, underscoring the importance of obtaining appropriate legal support throughout a lawsuit.

Gaining more information during the discovery phase, and specifically during depositions, strengthens a case and increases the chances of the defense settling before winning a summary judgment or taking the case to trial. Generally, discovery closes after depositions and pre-trial motions unless one side proposes to the judge that they have uncovered information during the deposition that requires further investigation in an extended discovery period. These extended discovery periods can last from a few months to over a year.

How Does the Discovery Period Impact Settlement Negotiations?

There are usually several months between the end of the discovery period and the start of a trial, allowing both sides ample time to prepare. Now that discovery has uncovered all the relevant information from either side, settlement negotiations may progress much faster.

A trial is rare for personal injury cases, even if they make it through discovery without a summary judgment approval. Trials can be lengthy and involve a great deal of financial risk, and both sides tend to prefer avoiding them.

If the case settles before the trial date, months after discovery, both sides tend to benefit. The plaintiff will receive a guaranteed payment in the settlement agreement, and the defense avoids an expensive and time-consuming trial that they may lose if a jury has a strong reaction to their involvement in the incident.

If preliminary settlement discussions have begun before the discovery phase, they may gain momentum afterward. This is particularly true for plaintiffs whose attorneys collect a strong body of evidence that outweighs that of the defendant, acting effectively as leverage in the case. If the defendant’s deposition impacts their credibility, they may be more willing to offer a competitive settlement.

While settlement is by far the most likely outcome in a personal injury case, injured parties and their legal teams should still carefully prepare for the trial during discovery and settlement negotiations. Sometimes, opposing attorneys will not reach a settlement agreement until the night before a scheduled trial date. As the discovery phase reveals weaknesses in the plaintiff’s case, their attorney must strategize about effective ways to address these points before a jury.

These strategies may also strengthen the plaintiff’s representation in settlement negotiations, as they provide new avenues for advocacy that may not have been feasible before discovery.

What Should I Expect If My Case Does Go to Trial After Discovery?

As stated, personal injury cases rarely go to trial, as this is time-consuming and costly for both legal parties. If your personal injury case goes to trial after failing to settle in the post-discovery period, it is important to be prepared. While this represents only 4-6% of all personal injury cases, it can help injured parties feel supported if they understand what to expect in this outcome.

During the trial, each side receives a designated amount of time to present its case before the jury. The attorneys can each call witnesses and present evidence to support the facts in their claims. As the plaintiff, your attorney will typically rely on expert witnesses to provide testimonies that reinforce your case.

The defense will have a chance to cross-examine (ask opposing questions of) these witnesses to try to find weaknesses in your case. After the defense makes its case, your attorney will also have time to cross-examine any witnesses they supply.

Following these presentations, the jury will deliberate and reach a verdict. Importantly, even if the jury rules in your favor, the judge may lower the final damages if they deem the initial amount too high.

The defense can appeal the jury’s decision to a higher court or agree to the verdict. Sometimes, the two parties will settle before the jury’s deliberation is complete.

How Can a Personal Injury Lawyer Support Accident Victims Throughout Discovery?

A personal injury attorney can provide critical support during the deposition process. However, their legal assistance is just as valuable before these questions arise. An attorney is experienced in gathering evidence through inquiries and document requests, which is the basis of the discovery process.

Additionally, attorneys often have a wide network of subject matter experts whom they can consult for depositions and trial testimony. They may also be able to collaborate with other attorneys within their firm to strengthen support for your case and dive more thoroughly into the discovery process. A legal professional’s resources are just as significant as their knowledge about the legal system and the requirements of a personal injury lawsuit.

Consult Alpizar Law, LLC, To Learn More About Your Legal Options

Alpizar Law, LLC, offers legal counsel to those affected by a personal injury in Melbourne, Florida. They understand that choosing a personal injury lawyer can be difficult and aim to communicate the experience and knowledge base of their firm to the Melbourne population. The firm can provide representation to those pursuing personal injury lawsuits following a variety of accidents, including car crashes, trucking incidents, workplace injuries, and slip-and-fall accidents in public places.

Learn more about your rights after an accident and whether litigation is possible by contacting Alpizar Law, LLC. Call 321-676-2511 to schedule a free consultation about your case.

FAQ About What Happens After a Deposition in a Personal Injury Case

Personal injury cases can be complex, and those involved may not fully understand the significance of the deposition process. Alpizar Law, LLC, addresses some of the most frequently asked questions about the post-deposition process.

Do You Have To Hire a Personal Injury Attorney for a Deposition?

While you are not required to hire a personal injury attorney, the state will provide legal representation to you during a deposition. Hiring an attorney from the start of the process may make it easier to navigate deposition and unveil the most pertinent information during discovery.

What Happens If My Personal Injury Case Goes to Trial?

It is very rare for a personal injury case to go to trial, but if a trial does occur, plaintiffs can rely on their attorney for representation in court. Often, the attorneys involved will reach a settlement agreement either just before the trial or before the jury has finished deliberating.

What Information Can an Attorney Find During Discovery?

During discovery in a personal injury case, both attorneys will request documents such as medical records, employment records, and incident reports. The information attorneys uncover during discovery forms the basis of their arguments in settlement negotiations, summary judgment requests, and in court when necessary.

What Is a Summary Judgment on a Personal Injury Case?

A summary judgment is a motion that either attorney in a personal injury case can submit, requesting that the judge assess and rule on the facts of the case without a trial by jury. The judge may offer a complete or partial summary judgment. Partial judgments require some of the motions of the case to undergo a trial, while others receive the judgment without a jury weighing in.