After a deposition, a personal injury case typically moves toward settlement negotiations, additional discovery, or trial preparation. What happens next depends on what the testimony reveals and how it affects the strength of each side’s case.
In many Columbus personal injury cases, depositions clarify key facts, expose weaknesses, and prompt more serious settlement discussions. In others, they lead to follow-up depositions, medical exams, or court motions as both sides prepare for the next phase of litigation with guidance from a personal injury lawyer in Columbus, GA.
What is a deposition in a Georgia personal injury case?
The deposition is an integral part of your Georgia personal injury case. The discovery phase of a personal injury case is about gathering information, but a deposition allows both parties to get more specific about the information they request through interviews.
During the deposition, you are under oath and will answer questions about the accident, your injuries, or other matters that may be relevant to your case. While everyone should have an idea of what happens, this testimony is meant to provide more context and fill in any gaps in knowledge.
The testimony that is collected during the deposition is used by either party’s attorney in order to determine the next best course of action. This could mean continuing to trial, but settlement negotiations often continue.
What happens immediately after a deposition?
You will notice that a court reporter, or stenographer, is present at the deposition. They provide a transcript of everything said in the process. Immediately after the meeting, they will begin translating their notes into a transcript for the parties to review.
When available, your attorney will review the notes and testimony to determine the best next steps to meet your goal. They can use this information to adjust their negotiation strategy to settle, or prepare and bolster the argument for court. An experienced personal injury lawyer may also use this information to determine whether expert witnesses or an independent medical examination is necessary.
Do personal injury cases settle after a deposition?
Most individuals and entities are heavily incentivised to avoid taking a case to court, which will cost significantly more time and money, and may result in a worse outcome than a settlement. After a deposition, each party has significantly more information about your case’s strengths, or lack thereof.
This knowledge can make them much more likely to take settlement negotiations more seriously, making it more likely to settle the case before you make it to court.
What is alternative dispute resolution?
While negotiations are typically considered an alternative dispute resolution, as they aim to avoid taking a case to court, you may begin to consider more serious alternatives, such as mediation or arbitration, to reach an agreement before the court.
While these options are not cheap, and they can also be time-consuming, they are often less costly than the time and money spent at court if the judge does not rule in your favor.
What else can happen after a deposition in a personal injury case?
In a simple case, you may only find yourself undergoing one deposition. However, that does not mean that the other party is finished requesting information. If either party feels they need more information, they may request several things.
Follow-up depositions
If your personal injury case is more complex, or if either party has lingering questions, you may find that someone requests one or even multiple follow-up depositions. This may mean that you return to answer more questions, or that they want to speak with a new witness who came to light during the initial review.
Additional documentation
If you are dealing with the insurance company, one of the biggest points of contention in a personal injury case is validating the severity of your injuries and the value of the damages you claim. It is not uncommon for the opposing party to request additional documentation regarding your medical history, treatment plans, and countless other documents.
Independent medical examination
If the opposing party is not satisfied with the results of the deposition or the documents you have provided, they may also request that you undergo an independent medical examination. This is an evaluation by a physician or provider selected and paid by the insurance company or the opposing party.
Filing motions
After a deposition, and once your attorney has had a chance to thoroughly review the evidence, they may choose to proceed by filing certain motions. Most commonly, this includes a motion to suppress or compel evidence, a motion to obtain a summary judgment if they feel your case is strong enough, or a motion to use expert testimony if they deem it appropriate.
What should you do after a deposition in a personal injury case?
The time following a deposition can be intimidating and anxiety-provoking. However, the best thing you can do is continue your treatment plans, stay in touch with your attorney, and avoid making any public statements.
If someone else’s negligence has left you injured, contact Fox Injury Law today to schedule a free consultation and discuss your options. You can reach us by phone at (404) 777-7778 or online.
