What Happens After a Deposition in a Personal Injury Case?

A deposition is an important stage in many personal injury lawsuits. During a deposition, the injured person, defendant, witnesses, or experts may answer questions under oath about the accident, injuries, medical treatment, and other issues involved in the case.

Once your deposition is finished, the case is not necessarily close to being over. The attorneys may review the testimony, continue gathering evidence, negotiate a settlement, file motions, or prepare for trial. What happens next depends on the facts of the case and how far the lawsuit has progressed.

What Is a Deposition in a Personal Injury Case?

A deposition is sworn testimony given outside the courtroom as part of the discovery process. An attorney asks questions, and a court reporter typically creates a record of the testimony.

During a personal injury deposition, questions may address topics such as:

  • How the accident occurred
  • Your injuries and symptoms
  • Medical treatment you received
  • Previous injuries or medical conditions
  • Time missed from work
  • How the injury has affected your daily activities
  • Expenses and other losses caused by the accident

Because deposition testimony is given under oath, it can potentially be used later in the case, including during settlement negotiations or at trial.

What Happens Immediately After a Deposition?

After a deposition ends, the court reporter prepares a written transcript of the testimony. Depending on the circumstances and applicable rules, the witness may have an opportunity to review the transcript and identify transcription errors or other necessary corrections.

The attorneys can also review the transcript closely. They may compare the testimony with medical records, accident reports, previous statements, photographs, witness accounts, and other evidence.

Will Settlement Negotiations Happen After a Deposition?

Settlement negotiations may occur after a deposition, although there is no guarantee that the case will settle at this stage.

Before a deposition, the insurance company and defense attorneys may have incomplete information about how an injured person will testify. A deposition gives them an opportunity to evaluate the person’s credibility, injuries, and explanation of the accident.

As a result, the parties may have a clearer picture of the case afterward. This can sometimes lead to renewed negotiations or a different settlement offer.

Can Discovery Continue After My Deposition?

Yes. Your deposition may be only one part of the discovery process. Depending on the case, additional discovery may continue afterward.

For example, attorneys might take depositions from eyewitnesses, doctors, accident reconstruction specialists, or other experts. They may also request additional documents, obtain updated medical records, exchange expert reports, or seek other evidence.

Discovery allows both sides to obtain information they may use to evaluate their positions and prepare for trial.

Can Motions Be Filed After a Deposition?

Either side may file motions as the lawsuit progresses. A motion asks the court to make a decision about a particular legal or procedural issue.

For example, a party might ask the judge to exclude certain evidence or resolve an issue before trial. In some circumstances, a party may seek summary judgment, arguing that there is no genuine dispute over material facts and that the law allows the court to decide some or all of the case without a trial.

Deposition testimony may be used to support or oppose these motions.

What Happens If the Case Does Not Settle?

If settlement negotiations are unsuccessful, the case may continue toward trial. The attorneys can use the remaining time to complete discovery, prepare witnesses, address pretrial motions, organize exhibits, and develop their arguments.

A deposition can become especially important at trial. Attorneys may use deposition testimony to challenge testimony that is inconsistent with what a witness previously said under oath. In certain circumstances, portions of a deposition may also be introduced as evidence.

However, many personal injury cases resolve before reaching a trial. Settlement can potentially occur at almost any point, including after depositions, during mediation, or shortly before trial.

How Long Does a Personal Injury Case Take After a Deposition?

There is no standard amount of time between a deposition and the end of a personal injury case. Some cases may resolve relatively soon afterward, while others can take months or longer.

The timeline may depend on factors such as the complexity of the case, the number of witnesses, whether expert testimony is required, the remaining discovery, settlement negotiations, court scheduling, and whether the case ultimately goes to trial.

Contact a Pennsylvania Personal Injury Lawyer at Marzzacco Niven & Associates for a Free Consultation 

A deposition is an important step in a personal injury lawsuit, but several stages may remain before the case is resolved. Marzzacco Niven & Associates can help you understand what comes next and protect your interests throughout the legal process.

Contact us today to schedule a free consultation with a Pennsylvania personal injury lawyer, or visit us at the nearest location:

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 356-9734

Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963