Key Takeaways:
- Depositions are a standard part of the pre-trial recovery process
- Once the deposition is over, your case will go to settlement, mediation, and/or court.
- A personal injury attorney like Lambrou Law can help ensure you receive appropriate compensation.
In every personal injury case, the person bringing the case and the person being sued, along with certain key witnesses, have to appear to be questioned by the respective attorneys. This questioning is done under oath, so the testimony given is important and binding. That process is called a deposition. Depositions in a personal injury case are a standard part of the pre-trial process, which is called discovery. Even though many depositions are done remotely, it can be a nerve-wracking experience. It can be grueling, taking several hours to up to a few days. It can feel exhausting to relive traumatizing details about your case, and you may feel uncertain about the path forward.
The team at Lambrou Law has guided hundreds of our clients through countless depositions in their cases, and we understand how challenging they can make one feel. If you’re about to experience a deposition, remember that you are to tell your side of the story, and you must tell the truth of what happened.
Once you’re done with the deposition, the case isn’t over. There is plenty of stuff that comes next. While no two cases are identical, here is what you can typically expect to happen after your deposition.
What Happens After a Deposition?
Both Sides Review the Deposition Transcript
During your deposition, a court reporter took down the testimony with a stenomask. This device allows them to transcribe everything that was said accurately. Once the deposition is over, the court reporter will finalize the transcript from the shorthand notes in a few weeks.
Then, both parties in the case will receive the full deposition transcript. You, your lawyer, and the opposing party will carefully review it. If you think you were misquoted, your attorney can submit an errata sheet (originating from the plural Latin word for “error”). You cannot change your answer from the deposition, but transcription mistakes can be corrected.
Your lawyer also reviews your deposition to understand how to use it to fight your case. This assessment is critical whether your case goes to settlement or goes to court. Your lawyer wants to understand the possible weaknesses in your case so they can strengthen the argument through additional witness statements or evidence.
Once the deposition review is completed, one or more of the following may happen.
What to Expect After Your Deposition
(Or what happens after a deposition in most personal injury cases)
Oftentimes, after the deposition and the review of the transcript, settlement discussions are commenced. In settlement discussions, both sides attempt to reach an agreement on what is fair and reasonable compensation without going to trial. Your attorney will engage in negotiations with the opposing party to secure a fair, full, and reasonable settlement. This could involve written correspondence, phone calls, or a formal meeting known as a mediation.
- Demand Letter: Outlining the damages you seek and the reasoning behind the amount requested;
- Counteroffers and Adjustments: The defense may present a counteroffer, starting discussions;
- Finalizing the Agreement: If both sides reach an agreement, a formal document will be signed;
- Payment: You may receive a lump sum payment or structured payments over time.
There are benefits to the party who caused the injuries to avoid trial. If the case went to trial, they would be required to cover trial costs such as attorney fees and expert witness fees. However, sometimes a settlement cannot be agreed upon. If this happens, your case may proceed to mediation or trial.
Hiring a top-rated personal injury lawyer such as Lambrou Law can help you navigate improper settlement tactics, like the insurance company telling you that you waited too long to file a claim or that you must seek a different insurer, and they offer reduced compensation for expenses not out-of-pocket. Additionally, your lawyer can help prepare you for the process and provide a list of questions the opposing party may ask.
What Happens After a Deposition If Your Case Requires Mediation
Mediation is a structured negotiation process where a neutral third-party mediator facilitates discussions between both sides to reach a resolution. Mediation is often used when settlement negotiations have stalled. Both parties must agree on a mediator, usually an experienced attorney or retired judge. It tends to be quicker, less expensive, and less stressful than a full trial.
To prepare for mediation, your attorney will gather more evidence and arguments to support your position. The deposition transcript is the key reference for this process. Then, there will be a scheduled mediation session. Both parties present their case to the mediator, who then facilitates discussions to find common ground.
If an agreement is reached, the mediator drafts a settlement. If no agreement is made, the case may proceed to court.
What Happens After a Deposition If Your Case Goes to Court
If settlement and mediation do not resolve your case, the next step is trial. Court proceedings are more complex and require preparation by you and your legal team. In this process, the opposing party may use a deposition transcript to challenge your testimony, so consistency is crucial.
- Pre-Trial Motions and Hearings: Your attorney may file motions to exclude evidence, request a summary judgment, or clarify legal arguments;
- Jury Selection: If your case is a jury trial, both sides will participate in selecting impartial jurors;
- Trial Process: Opening statements, witness testimonies, cross-examinations, and closing arguments;
- Verdict and Judgment: The judge or jury will decide liability and potential compensation.
Get Expert Legal Guidance from Lambrou Law
Navigating a personal injury case can be frustrating and overwhelming–but you don’t have to go through it alone. At Lambrou Law, our experienced attorneys are committed to guiding you through every stage of the legal process—from depositions to settlements, mediation, and trial. With offices in New York, Pennsylvania, Florida, and New Jersey, we are well-equipped to represent clients across multiple states.
We specialize in a wide range of personal injury cases, including:
- Car and truck accidents
- Medical malpractice
- Slip and fall
- Construction accidents
- Wrongful death
If you or a loved one has been injured due to someone else’s negligence, contact Lambrou Law today for a free consultation.
