After a deposition in a car accident case, opposing counsel analyzes your testimony, settlement negotiations may intensify, and both sides prepare for potential pre-trial motions or a trial. Your deposition transcript shapes the strategy for the remainder of your claim.
A personal injury attorney uses the information from this stage to advocate for your fair compensation and guide you through the next steps.
Key Takeaways
- Your attorney reviews the official deposition transcript to check for errors and clarity.
- The opposing counsel uses your sworn testimony to evaluate the strengths and weaknesses of your claim.
- Post-deposition settlement negotiations often become more focused and productive.
- Either side may file pre-trial motions with the court based on your testimony.
- Your case progresses toward a trial date if a settlement isn’t reached.
Reviewing and Correcting Your Deposition Transcript
A court reporter creates a written transcript after your deposition in a car accident case. You and your attorney receive a copy of this transcript, and you have the opportunity to read through it and request any necessary corrections.
This is a formal process; your lawyer creates an errata sheet listing the page and line number of the error, the incorrect text, and the corrected text. This accuracy check confirms that the written record truly reflects your sworn testimony before it’s used in your case.
Your car accident lawyer helps you identify potential issues and advises you on necessary corrections. This review protects the integrity of your testimony as the case moves forward.
How Your Deposition Testimony Shapes the Case
Your deposition is more than just a question-and-answer session. The testimony you provide under oath has a significant impact on every subsequent phase of your personal injury lawsuit. Both your attorney and the opposing counsel will scrutinize the transcript to build their strategies.
Impact on Settlement Negotiations
A strong, consistent, and credible deposition performance can significantly improve your position in settlement talks. When your account of the accident and your injuries is clear and unwavering, the insurance company’s attorneys recognize the risk they face if the case goes before a jury.
Compelling witnesses often motivate insurers to make a more serious settlement offer. Conversely, the opposing side can leverage any inconsistencies or perceived weaknesses in your testimony to devalue your claim.
Your attorney anticipates this and uses other evidence to strengthen your position during post-deposition settlement negotiations. A successful deposition sets a positive tone for resolving your case favorably.
Fueling Pre-Trial Motions
The defense attorney may use your deposition testimony to support pre-trial motions. These are formal requests made to the court to decide on a specific issue before a trial begins. A common example is a summary judgment motion after deposition.
In this motion, the defense argues that based on your testimony and other evidence, there are no factual disputes for a jury to decide, and the law supports a judgment in their favor. This is an attempt to have your case dismissed without a trial.
Your attorney prepares a robust response to these motions, using your testimony and other evidence to show why your case must proceed.
Preparing for a Potential Trial
If a settlement isn’t reached, your case moves toward trial. Your deposition transcript becomes an indispensable tool for trial preparation. Your attorney uses it to prepare your trial testimony, anticipate the defense’s arguments, and develop questions for other witnesses.
The opposing counsel also uses the transcript to prepare for your cross-examination at trial. They’ll use your sworn statements to try to find contradictions in your trial testimony.
A well-prepared witness, guided by their attorney, can navigate this cross-examination effectively and reinforce their credibility with the judge and jury.
The Role of Post-Deposition Motions
After depositions are completed, the discovery phase of your lawsuit starts to wind down. This is often followed by a period of motion practice. Both sides have the opportunity to file motions with the court to shape the upcoming trial or even resolve the case entirely.
These motions are an ordinary part of the litigation process, not cause for alarm. They’re strategic tools lawyers use to define the legal battlefield.
Some common post-deposition motions include:
- Motions To Compel: If one side believes the other hasn’t provided all the requested evidence or information during discovery, they can ask the court to order them to do so.
- Motions in Limine: These are requests to the court to exclude certain evidence or arguments from being presented to the jury at trial.
- Motions To Strike: This motion asks the court to remove certain parts of a witness’s testimony or a legal filing from the official record.
Your car accident attorney manages all of these proceedings. They draft and file motions on your behalf and respond strategically to any motions filed by the defense. This stage sets the rules of engagement if your case proceeds to trial.
Intensified Settlement Negotiations and Mediation
With the deposition complete, both sides have a much clearer picture of the case’s strengths and weaknesses. You have testified under oath, and the defense has had the chance to assess your credibility.
This new clarity often kick-starts a more serious round of post-deposition settlement negotiations. The insurance company may be more willing to negotiate a fair settlement at this point if they have a better understanding of how a jury might perceive you and your injuries.
Your attorney can leverage your strong testimony to push for a settlement that fully compensates you for your losses, including your medical expenses, lost wages, and pain and suffering.
Exploring Alternative Dispute Resolution
Many courts in California, including those near Bakersfield, encourage or require parties to try to resolve their disputes through a process called Alternative Dispute Resolution (ADR) before going to trial.
Your lawyer will advise you on whether ADR is a suitable option for your case and will represent you throughout the entire process. They handle the negotiations, present your case, and give you the information you need to decide on any settlement offers.
Two common forms of ADR that may occur after a deposition in a car accident case are mediation and arbitration. These options provide a structured setting for settlement talks.
Mediation
A neutral third party, called a mediator, helps both sides communicate and find common ground for a settlement. The mediator doesn’t make any decisions but facilitates a resolution that is agreeable to everyone.
Arbitration
This process is more like a simplified trial, where a neutral arbitrator hears evidence from both sides and makes a decision. Depending on the prior agreement, the arbitrator’s decision can be either binding or non-binding.
When Your Car Accident Case Proceeds to Trial
If settlement negotiations, even with mediation, don’t result in a resolution, the next step is to prepare for trial. While the vast majority of car accident cases settle before reaching a courtroom, you and your attorney must be ready for the possibility.
A trial becomes necessary when the at-fault party’s insurance company refuses to offer fair compensation for your injuries and losses. Your sworn testimony from the deposition can be used in court.
For example, if your testimony at trial contradicts what you said in your deposition, the defense attorney will use the transcript to question your credibility.
Final Pre-Trial Preparations
The period leading up to the trial date involves many critical activities to build a strong presentation for the court. Your attorney manages every detail to position your case for success.
Key activities in this final stage include:
- Finalizing Witnesses: Your lawyer confirms the complete list of lay witnesses and expert witnesses who will testify in support of your case.
- Preparing Exhibits: Your legal team organizes all physical evidence, such as medical records, accident scene photos, and police reports, for presentation to the jury.
- Witness Preparation: Your attorney meets with you and other friendly witnesses to review your deposition testimony, practice potential questions, and prepare everyone for testifying in court.
- Pretrial Conferences: Your lawyer attends final meetings with the judge and opposing counsel to handle administrative matters and resolve any outstanding issues before the trial begins.
How a Lawyer Helps After a Deposition in a Car Accident Case
A car accident lawyer’s role becomes even more defined after your deposition. They shift from gathering evidence to using that evidence strategically to move your case toward a successful resolution. They manage every complex detail of the post-deposition process.
A lawyer’s specific contributions include:
- Strategic Analysis: Your attorney carefully reviews your deposition transcript, identifying key strengths to emphasize and any potential weaknesses that need to be addressed before trial.
- Motion Practice: Your lawyer drafts, files, and argues all pre-trial motions, defending your case against dismissal and working to limit the other side’s arguments.
- Negotiation Leadership: Armed with your sworn testimony, your lawyer leads all post-deposition settlement negotiations, advocating forcefully for the full compensation you need.
- ADR Representation: Your attorney represents you in mediation or arbitration, presenting your case in a compelling manner to facilitate a favorable settlement.
- Trial Preparation: If a trial is necessary, your lawyer meticulously prepares every aspect of the case, from witness selection to exhibit organization.
- Legal Guidance: Your lawyer provides you with clear explanations and advice at every step, empowering you to make informed decisions about your case.
FAQ for What Happens After a Deposition in a Car Accident Case?
How Long Does It Take After a Deposition for a Case To Settle?
There is no fixed timeline for how long it takes for a case to settle after a deposition. Some cases settle within a few weeks, while others may take several months or longer. The timing depends on various factors, including the case’s complexity, the insurance company’s willingness to negotiate, and the court’s schedule.
Can My Car Accident Case Be Dismissed After a Deposition?
Yes, a case can be dismissed after a deposition. The defendant may file a motion for summary judgment, arguing that your testimony or other evidence shows you don’t have a legally valid claim. However, this isn’t a common outcome, and your attorney will build a strong argument to defeat such a motion.
What Are the Possible Outcomes After a Deposition?
After a deposition, a few outcomes are possible. The most common is that your car accident case enters a serious negotiation phase, potentially leading to a settlement. Other possibilities include the case proceeding to mediation or facing pre-trial motions.
Your case will move toward a trial if a settlement cannot be reached.
Will I Have To Go to Trial After My Deposition?
You may have to go to trial, but it’s not the most likely outcome. Most car accident cases settle out of court. A deposition is a key step that often helps both sides evaluate the case more realistically, which can pave the way for a settlement agreement.
Your case only proceeds to trial if a fair settlement cannot be achieved.
What Happens in a Car Accident Case if There Are Multiple Defendants?
If your case involves multiple defendants, depositions will be taken for each party. After these depositions, the process is similar, but settlement negotiations can be more complex. Your attorney will negotiate with each defendant’s legal team.
It’s possible to settle with some defendants while still proceeding toward trial with others.
Your Advocates After a Car Accident
Navigating the legal system after a car accident in Bakersfield can feel isolating, but you don’t have to do it alone. At the Law Offices of Mickey Fine, we fight for the rights of accident victims. You can focus on your recovery while we handle the complex legal strategy.
Contact us today at (661) 333-3333 to discuss your case for free.