What Happens After a Deposition in a Personal Injury Case?

The deposition is finally over. You spent hours answering questions about the accident, your injuries, your medical treatment, your job, and possibly years of your medical history. Now you're probably wondering whether you said the right things and what the other side thought of your answers.

So what happens after a deposition in a personal injury claim? Your testimony gets reviewed and compared with the other evidence, and the case continues through any remaining discovery. The deposition may also affect settlement discussions and how both sides prepare if the case goes to trial.

Pierce Skrabanek offers free case reviews for people who have been seriously injured. Call (832) 690-7000 to discuss your claim and what you can expect from the legal process.

Did Your Deposition Help or Hurt Your Case?

This is often what clients want to know as soon as the deposition ends. Your personal injury attorney was there for the questioning, but the testimony will also be compared with medical records, accident reports, witness statements, photographs, prior discovery responses, and other evidence in the case.

The defense is reviewing it too. The insurer's attorneys now have a better sense of how you explain the accident, how your injuries have affected you, and how you might testify in front of a jury. They will also look for answers they believe support their arguments, including statements about prior injuries, gaps in treatment, or how the accident occurred.

One answer you wish you had phrased differently is unlikely to ruin your case. Depositions can last for hours, and nobody gives perfectly polished answers to every question. Your attorney can identify any testimony that needs attention and consider it alongside the rest of the evidence.

Everything You Said Is Going Into a Transcript

A court reporter typically prepares a written transcript containing the questions and answers from your deposition. That transcript becomes a record of your sworn testimony and may be referenced later during discovery, motions, settlement negotiations, or trial preparation.

Depending on the applicable rules and circumstances, you may have an opportunity to review the transcript and identify transcription errors or make permitted changes through an errata process. Talk with your attorney before changing anything substantive because those changes can receive attention later in the case.

If your claim reaches trial, attorneys may also use deposition testimony in circumstances permitted by the applicable procedural and evidentiary rules. This is one reason your attorney will keep the transcript in mind as the case progresses.

After a Deposition, What Happens Next?

Your deposition may be finished, but discovery might not be. The attorneys may still need to gather or complete:

• Medical and employment records
• Depositions of the defendant or other witnesses
• Testimony from treating doctors
• Expert reports and depositions
• Written discovery responses
• Additional evidence related to your injuries or damages

The amount of work remaining varies from one claim to another. This is one reason there is no standard answer for how long a personal injury case takes. Cases involving several defendants, serious injuries, disputed liability, or multiple experts generally require additional discovery before the parties are ready for settlement negotiations, mediation, or trial.

Is a Settlement Coming After Your Deposition?

A deposition can lead to more serious settlement discussions, although an offer might not come right away. It gives the insurer information it did not have before and allows the defense attorneys to hear you explain the accident and your injuries under oath.

They may pay close attention to:

• How clearly you describe the accident
• Whether your testimony matches other evidence
• How your injuries affect your work and daily life
• Prior injuries or medical conditions raised in the case
• Gaps or changes in your medical treatment
• How you are likely to come across to a jury

Your testimony might support your claim, or the defense may identify answers it believes favor its position. That information becomes part of the insurer's evaluation of the case and could influence later settlement negotiations.

What Happens After a Deposition in a Personal Injury Case if You Get an Offer?

A settlement offer after your deposition may make it seem as though the case is almost over, but the decision to settle is still yours. Before accepting, the amount should be compared with the losses involved in your claim and what you are giving up by resolving the case.

Medical expenses are only one part of that calculation. Lost income, reduced earning capacity, future treatment, physical limitations, pain, and other damages may also need to be considered. Your prognosis is relevant too, especially when treatment is ongoing or your doctors have not yet determined the full extent of your recovery.

Received a settlement offer after your deposition? Pierce Skrabanek can evaluate the offer against the injuries and losses involved in your claim. Call (832) 690-7000 for a free consultation before deciding whether to accept it.

You Might Have to Attend a Medical Examination

A defense medical examination may come next in some personal injury lawsuits. When a physical or mental condition is in controversy and the procedural requirements are satisfied, the defense can seek an examination by a qualified professional.

This examination is different from treatment with your own doctor because its purpose relates to the litigation. The examiner may evaluate your diagnosis, physical limitations, prognosis, or future treatment and prepare opinions that the defense intends to use in the case.

Your attorney should explain why the examination has been requested, what the applicable order or agreement permits, and what to expect before you attend. You should continue following the treatment plan recommended by your own medical providers unless they tell you otherwise.

What Is the Next Step After a Deposition?

There isn't one answer for every case. Your attorney might need to complete discovery, take additional depositions, work with experts, prepare for mediation, respond to motions, negotiate with the defense, or begin preparing the case for trial.

A personal injury lawyer handles much of this work between the major events you see as a client. That work includes analyzing testimony, developing evidence, working with experts, evaluating damages, negotiating with insurers, and preparing for upcoming deadlines.

This is also a good time to ask where your case stands. Your attorney can tell you what discovery remains, whether another deposition is expected, and what deadline, hearing, mediation, or other event is scheduled next.

The Defense May File Motions After Your Deposition

Depositions sometimes provide testimony that attorneys use in pretrial motions. The defense might ask the court to resolve all or part of a claim before trial based on the law and evidence developed during discovery.

The defense hasn't won simply because it filed a motion. Your attorney can review the arguments, determine what evidence responds to them, and file the appropriate opposition. Deposition testimony may also come up in later disputes over what evidence or arguments the jury will be allowed to hear.

For clients, this part of a lawsuit can feel removed from the accident itself, but these motions can shape which issues remain in dispute as the case approaches trial.

Is It Time for Mediation?

Mediation often takes place after the parties have completed enough discovery to understand the injuries, witnesses, disputed facts, and evidence. By then, both sides may have deposition testimony from you, the defendant, doctors, witnesses, or experts.

During mediation, a neutral mediator works with the parties in an effort to reach a voluntary settlement. The mediator works to facilitate negotiations rather than deciding the case or forcing either side to settle. Your attorney can evaluate proposals with you and explain how they compare with the damages being claimed and the risks of continuing the case.

If mediation ends without an agreement, the case continues toward trial. Negotiations can still occur afterward, including as the trial date gets closer.

What Happens if You Don't Settle?

When settlement negotiations fail to resolve the claim, the attorneys continue preparing for trial. That work can involve finalizing expert testimony, preparing exhibits, addressing pretrial motions, organizing witnesses, and preparing you to testify in court.

Your deposition transcript becomes relevant again because the defense attorney has a record of your prior sworn testimony. If your testimony at trial differs from what you said during the deposition, the defense may question you about the difference.

There's no need to memorize your transcript. Your job is to testify truthfully based on what you know and remember. Your attorney will prepare you for the trial process and review the subjects likely to come up.

What Should You Be Doing While Your Case Continues?

Even when nothing seems to be happening for a few weeks, your case is still active. After your deposition:

• Continue attending medical appointments and following your providers' recommendations.
• Tell your attorney about new treatment, procedures, diagnoses, or changes in your ability to work.
• Send requested bills, records, and employment information promptly.
• Be careful about posting anything related to the accident, your injuries, or the lawsuit on social media.
• Let your attorney know if your contact information changes.

There may be substantial work happening between depositions, court dates, and settlement discussions even when you are not directly involved.

Does a Deposition Mean Your Case Is Almost Over?

Understanding what happens after a deposition is only part of knowing how much longer your case could take. Discovery may continue, settlement negotiations could become more serious, mediation might be scheduled, or the attorneys may begin preparing for trial.

The deposition gives both sides more information to make those decisions. It also gives your attorney a clearer picture of where the defense intends to challenge your claim and what still needs to be done before the case can be resolved.

Get Help With Your Personal Injury Claim

Pierce Skrabanek represents people with serious injuries in personal injury claims involving disputed evidence, depositions, settlement negotiations, and trial. Our attorneys have recovered more than $500 million in settlements and verdicts.

Have questions after your deposition? Call Pierce Skrabanek at (832) 690-7000 or contact us online for a free case review. We can discuss your concerns and the remaining issues in your case.