Depositions are the final step in the discovery phase, during which both sides exchange information, evidence, and witness details. After a deposition, attorneys review the transcription and start settlement negotiations. Depositions provide crucial information that shapes the case and helps lawyers prepare for the next phase. Everything that happens after a deposition will have a significant impact on the outcome of your case. Your personal injury attorney will support you during this process, as it can be legally complex.
What Is a Deposition?
A deposition is a formal interview that is typically done in a lawyer’s office, where you will provide sworn testimony. The defendant and the plaintiff are required to take an oath, so if it’s discovered that you have provided false information, you may be charged with perjury. You will be asked detailed questions about the accident, your injuries, and how the accident has impacted your daily life. Court reporters document every word and provide a written transcript.
Depositions are conducted to confirm each party’s perspective and eliminate any surprises during the case. Insurance companies use depositions to assess whether you are credible and estimate the value of your claim. When attorneys have a clear understanding of the opposing side’s evidence, they can determine whether a settlement is possible or if the case needs to go to trial.
What Should I Expect to Happen After a Deposition?
Preparing and Reviewing the Transcript
After your deposition, the court reporter will create a verbatim transcript of the entire session. Depending on the length of the deposition, the official report can take up to four weeks. Under California Code of Civil Procedures Section 2025.520, both sides have 30 days to make changes. You must read the entire transcript, note any errors, and sign the document. Your attorney will guide you through the process and help you complete an errata sheet if the reporter made mistakes or if you misspoke during questioning.
Independent Medical Examinations
Defense attorneys use the information gathered during your deposition to request additional evidence about your injuries. If you revealed details about your medical history, you may need to undergo an independent medical examination (IME). IMEs are presented as objective, but remember that the defense hires the doctor who performs the exam. They will most likely be looking for ways to minimize your injuries or suggest that your pain is unrelated. Your attorney will help you prepare to answer questions honestly without harming your claim.
Settlement Negotiations
Once both sides have analyzed and corrected the deposition transcript, lawyers initiate settlement negotiations. Because the strengths and weaknesses are available, the defense team will know whether a settlement or trial is the best option. If your case is airtight and you have demonstrated your credibility, the defense may decide that a trial puts their case at risk, making them far more likely to negotiate. If they think you’ll make a better impression on the jury than the defendant, they will prioritize settlement.
If direct negotiations don’t result in a settlement, both parties can agree to participate in mediation. A neutral third-party mediator, usually a retired judge, will help everyone involved find common ground. During mediation, your lawyer will present your case to convince the mediator and the defense team that you deserve maximum compensation. Mediations provide a final opportunity to resolve matters without entering the courtroom.
Trial Preparation and Court Proceedings
If negotiations and mediation fail, your attorney will get ready for trial. At HHJ Trial Attorneys, we prepare every case as if a trial is inevitable. Our willingness to go to trial often persuades the defense to reconsider their stance. We organize evidence, draft motions, and interview additional expert witnesses to strengthen your case further.
The defense attorney will scrutinize your deposition transcript for any deviations during your testimony at trial. If you say something different on the witness stand, the opposing counsel will use disparities to question your credibility.
At this point, the defense may file a motion for summary judgment to have your lawsuit dismissed before it goes to court. Defense attorneys will argue that there is no room for debate and that the judge should rule in their favor. Your attorney will counter the arguments by showing that there is conflicting evidence or witness statements that necessitate a full trial. If the court denies the defense’s motion, they may start negotiating again with better offers.
Unsure what happens after your deposition? Get experienced guidance for your next steps.
Request a Free ConsultationWhat Are the Benefits of Working With an Experienced Personal Injury Attorney?
At HHJ Trial Attorneys, we understand the pressure of going through a deposition, negotiations, mediation, and eventually, a trial. Our lawyers maintain communication with clients throughout the legal process, no matter how long it takes. Many attorneys push their clients to accept low offers to avoid a jury trial. Our team treats every case like it’s going to trial from day one. We are fully prepared to fight for you, regardless of how much work it takes.
We prioritize your interests and future financial stability by refusing to give up until you receive the compensation you deserve. Our dedicated team is here to fight for you in front of a judge and jury to make sure you aren’t taken advantage of by insurers and defense attorneys whose goal is to give you the least money possible. If you’ve been injured due to the actions of another person or business, contact HHJ Trial Attorneys to schedule a free case review with a highly experienced personal injury lawyer.
