What Happens After a Deposition in a Car Accident Case?

by William Mattar | April 28th, 2020

Car Accident Case DepositionIf you have been injured in a car accident and have decided to pursue a claim against the at-fault driver, you may be wondering what the legal process entails. In fact, you may have been called to give a deposition. This is part of the discovery phase of the lawsuit, and it is natural to wonder what will happen next. Here, we will try to provide some idea of what to expect.

Discovery Phase

There can be multiple stages to a car accident case, including discovery, mediation, trial, and appeal. When you give a sworn deposition, you are in the discovery phase. The deposition, as you may have experienced, requires you to recount your version of events under oath. The deposition gives both sides of the case an opportunity to hear their opponent’s version of events. After the testimony is given, attorneys on both sides will have a better idea of how the case would look before a judge and jury. After the deposition, the issues in the case are more refined, and the parties will then have a better idea whether the case will settle or go to trial.

After the deposition is complete, several crucial things may happen. First, a court reporter prepares a transcript of the depositions. The depositions must be captured verbatim by the court reporter, who then records or transposes what is being said using a form of shorthand specific to court reporters. They may use equipment to assist with this, including a recording device and a stenotype. The court reporter will then prepare a transcript of what was said, which may take several weeks. The transcript will be important for both sides of the case.

Mediation Phase

Once the transcript is provided to the parties, it is thoroughly reviewed by both sides. Your car accident lawyer will go over every detail with you and look for errors. This is your chance to speak up and to let the court reporter know if there is anything wrong in the transcript. If other potential witnesses are identified during the course of the deposition, those witnesses may be tracked down and subpoenaed to testify.

The other side will also review the transcript. This may lead them to request an independent medical examination (IME), especially in car crash cases. The doctor you see for this will most likely be chosen by the insurance company.

Once you submit to the IME, your injury attorney will keep up negotiations with the other party’s insurance company. The goal is to prepare for trial and potentially reach a settlement. This can be a lengthy process, as there are investigations involved on both sides. Your car accident attorney will try to use all available resources in order to improve your case.

Trial Phase

If a settlement offer is made, and deemed to be fair, your injury attorney will discuss it with you. If you turn down the offer, the focus then becomes trial. This, of course, is a big decision, as both sides will have a chance to present their side of the case. It will involve you giving testimony and probably calling one of your treating doctors as an expert witness. In the end, a jury will make a determination of the case based on the evidence. If you win, you may be awarded damages.

Hurt In A Car? Call William Mattar.

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At William Mattar law offices, our injury lawyers can help you after your car accident. If you are suffering from injuries related to your crash, you may be entitled to compensation. Contact our experienced Buffalo car accident lawyers to file a claim now at 844-444-4444.