What is a Deposition?
A deposition is an interview taken under oath, and the proceedings are recorded. Everything you say during the interview can be used against you when negotiating a settlement in your personal injury case, whether through mediation or trial. It’s advisable, and in your best interests, to have lawyers from a reputable civil litigation law firm by your side during a deposition.
The lawyer interviewing you will ask you various questions regarding your background and the case. You must answer all the questions, even if you don’t like them. However, your lawyers could object to the questions if the attorney is too invasive. A judge will then review the deposition and decide if any questions or answers should be struck from the record.
How Long Does a Personal Injury Deposition Take?
Depending on the case circumstances, a deposition can last from a few hours to several days. The duration varies depending on factors such as:
- The complexity of the case
- The number of witnesses available
- The amount of time the witness testimonies take
- The scope of the questions asked
Skilled San Antonio personal injury lawyers can help you prepare for this process, letting you know what to expect to help you evaluate your risks and options.
What Comes After a Deposition?
Depositions often represent watershed moments in the development of a case. Therefore, collecting and evaluating them is crucial for attorneys representing both sides of the case. After the interview, the following takes place:
- Preparing a transcript: A certified court report transcribes the deposition, and lawyers from both sides can obtain copies.
- Evaluating the transcript: Upon receiving their copies, both lawyers review the transcript to strengthen their client’s case and look for loopholes to undermine the opponent’s. The record will be filed with the court, making a point of reference and citing during the lawsuit.
- Mediation: After reviewing the transcripts, your personal injury lawyers may try to negotiate a fair settlement without going to court.
- Trial: If your San Antonio personal injury lawyers can’t negotiate an out-of-court settlement, they can take your case to trial. The step represents a significant milestone in the case. Your lawyers should help you weigh the cost of litigation against the probability of securing a fair settlement.
- Appeal: If you’re not pleased with the trial’s outcome, you can consider appealing the court’s decision if you believe there is a significant chance that the decision will be reversed.
Is There Always Mediation After a Deposition?
Mediation is a standard alternative dispute resolution used in legal cases, but it is not mandatory. The decision to pursue it depends on the case circumstances and your preference. Consult your lawyers on the benefits and downsides of meditation to help you make an informed decision.
There isn’t a deadline for how long it should be before mediation happens after the deposition. Depending on your strategy, it could be days or even months before it happens, depending on the availability of the mediating team, the case circumstances, and a review of the strengths and weaknesses of the case.
How Long Does Mediation Take?
The negotiation period can be long, with a lot of investigation involved. Your legal experts from the civil litigation law firm can call on all available resources to prove your version of the events. If the defendant’s insurance company offers a settlement, your lawyer will discuss whether the amount is fair.
Based on the professional opinion of your San Antonio personal injury lawyers, you can:
- Agree to a settlement offer: You will get your settlement check, which will mark the case’s end. You can’t reopen the same claim in the future to demand more compensation.
- Reject the offer if you don’t believe it is fair: Your lawyer will discuss the process of proceeding to trial and help you prepare.
How Long After Failed Mediation is Trial?
Going to trial is a big decision that you and your personal injury attorneys in San Antonio should carefully evaluate. They should also give you an expert opinion about your chances of winning. If you decide to go to court, the lawyers will start preparing for it immediately.
During the trial, you and the defendant will give your testimony. Witnesses will also be called upon to give their testimony to support your claim. The deposition may be referred to in questioning and contradicting witness statements. The jury will give its verdict once you and the defendant present your case. You will receive an award of a set amount for your damages if you win the case.
How Long After Trial is Settlement Paid?
Once the court renders a verdict in your personal injury claim, you will receive payment from the liable party or their insurance company. Typically, you should receive your settlement amount within 30 days after the agreement or court order to pay your claim.
Contact your lawyers if you don’t receive it within that time. The insurance company could be fined and penalized for failure to pay.
An Experienced Personal Injury Attorney Providing Legal Counsel in Your Case
Personal injury claims entail a lengthy and complex process that you may not be able to navigate by yourself. The deposition stage is crucial, as the information you reveal can determine the validity of your case and whether you should receive compensation for your damages. Skilled personal injury lawyers in San Antonio can walk you through the process.
The Law Office of Matthew S. Norris is a civil litigation law firm with knowledgeable and compassionate personal injury attorneys. We provide legal counsel and represent clients seeking justice after suffering damages due to another person’s negligence. We can evaluate your case and help you fight for a fair settlement amount. Call us at (210) 361-3393 to schedule a FREE case assessment.