What Is a Deposition?
The deposition, or discovery, is a critical part of any personal injury case. During the deposition, each side reviews the evidence provided by the other to prepare their case. What happens after a deposition will vary with every case.
A deposition is one of the multiple types of discovery methods. Car accident cases use various discovery methods to build a solid case, including requests for admissions, interrogatories, and requests for production.
There Are Two Types of Depositions
Oral depositions can occur over the phone, via videoconferencing, or in-person meeting. Oral depositions require the presence of three main parties:
- The witness or “deponent”
- The official who administers the oaths
- The attorneys
It is up to the involved parties to determine the arrangement of the oral deposition.
For some cases, the witness can write down their testimony rather than provide an oral account. In the case of a written deposition, the deposing party creates a list of questions for the witness to answer. The deponent will only answer these specific questions.
What Happens After a Deposition in a Car Accident Case?
Various events may transpire following a car accident deposition.
Review transcript or recording
Generally, an auto accident deposition will result in a transcript or audio recording of the information. Both your lawyer and the defendant’s lawyer will have the opportunity to review the transcript for errors and use the information for their cases.
Request for a medical examination
The defending lawyer may request an additional medical examination for the claimant. After a car accident deposition, the insurance company will likely choose the medical professional to perform the exam.
After a deposition, when is a settlement? Often, a settlement offer will occur right after the car accident deposition.
Settlement offers can include a wide range of damages, including:
- Current or future medical bills
- Property damage
- Pain and suffering
- Loss of wages
After a deposition, when is a settlement acceptable? Let your attorney review the offer to ensure that it is worth accepting.
What happens after a deposition when there is no settlement offer? If there is no settlement, the attorneys will prepare for trial, which involves a few steps:
- Develop opening statements
- Determine which witnesses to call
- Decide how to frame evidence
- If necessary, schedule an expert witness testimony
- Prepare the closing arguments
How Should You Behave During a Deposition?
Even when you know what happens after a deposition in a car accident case, it is essential to understand what proper behavior is during the deposition. During a car accident deposition, follow these steps to protect your case and keep things running smoothly.
- Avoid small talk: The primary goal of the deposition is to allow each side to gather helpful information for their case. Keeping things straightforward by avoiding small talk is essential.
- Answer the question that was asked of you and only that question: Whether the question is written or verbal, stick to short and precise answers. Avoid giving more information than needed by answering only the questions asked directly to you.
- Take your time: Depositions can often make individuals uneasy. Remember to relax and take your time when answering questions. Your attorney will be there to help.
- Be honest: Honesty is crucial for any court case. Remember, you will likely be under oath.
- Prepare yourself: Work closely with your attorney to prepare for the upcoming deposition. Being underprepared can lead to potential case complications.
When it comes to deposition behavior, it is essential to remain respectful and keep the information concise. Your attorney will help you prepare by reviewing your case with you and showing you how to answer questions.
Contact Us Today for a Free Consultation!
From filing insurance claims to understanding what happens after a deposition, the legal team at Brain Injury Law of Seattle is here to help. Our experienced car accident lawyers are passionate about helping clients navigate Washington’s legal system while understanding the complicated insurance claims process.
When you experience personal injury in a car accident, our attorneys want to help you fight for your compensation. We perform thorough case reviews to help clients understand their rights and potential compensation packages.
We know that every personal injury case comes with its own set of difficulties. That’s why we work tirelessly to help car accident victims establish a case and fight for their compensation and recovery.
Let the experienced attorneys at Brain Injury Law of Seattle help you fight for your rights and understand what happens after a deposition. Call our office at (425) 406-4323 to schedule a free initial consultation.