The deposition is a critical phase in a personal injury lawsuit. During this phase, parties involved give sworn testimony about the facts of the case. Understanding what happens after this stage can help you prepare for what’s next and manage your expectations.
Keep reading for a detailed overview of the deposition process, tailored by the skilled Denver personal injury attorneys at Zara Injury Law.
Post-deposition steps in a personal injury case
After the deposition phase in a personal injury lawsuit, several key procedures occur as the case progresses toward resolution, either through a settlement or a trial.
Review and analysis of the deposition testimony
- Attorney review: Your personal injury lawyer will carefully review the deposition transcripts to identify strengths and weaknesses in the testimony. This analysis is crucial for developing a strategy for trial or settlement negotiations.
- Expert consultation: In some cases, attorneys might consult with experts to analyze the testimony or to understand complex issues discussed during depositions, such as medical or technical matters.
Settlement negotiations
- Reassessment of settlement: Often, the information revealed during depositions can lead to a new round of settlement discussions. Both sides will have a better understanding of the other party’s case, which can lead to more informed and constructive negotiations.
- Mediation: Sometimes, parties may choose to enter mediation after depositions to resolve the case without going to trial. A neutral third party, the mediator, helps facilitate an agreement between the disputing parties.
Motions and pre-trial proceedings
- Motions practice: Based on deposition findings, attorneys may file pre-trial motions. These might include motions for summary judgment, where a party asks the court to rule without a trial because the facts are undisputed and the law falls in their favor.
- Final preparations for trial: If the case is headed to trial, lawyers will use deposition transcripts to prepare evidence presentations and cross-examinations. Witness lists are finalized, and exhibits are prepared based on the testimonies during depositions.
Trial
- Utilizing depositions in trial: Deposition transcripts can be used in court to challenge a witness’s credibility if their trial testimony differs from what was stated during the deposition. They can also refresh a witness’s memory or provide direct testimony, especially if a witness cannot attend the trial.
Continued settlement discussions
- Ongoing negotiations: It’s not uncommon for settlement discussions to continue right up to and even during the trial. New evidence or shifts in negotiation dynamics post-deposition can lead to a settlement before the jury reaches a verdict.
How Zara Injury Law can help
Navigating what happens after a deposition in a personal injury case requires skilled legal guidance. Zara Injury Law has experienced attorneys who specialize in managing the complexities of personal injury cases in Denver. We are committed to advocating for your best interests, whether negotiating a favorable settlement or representing you at trial. Our team will utilize the deposition findings effectively to strengthen your case, ensuring you are positioned to achieve the best possible outcome.
Call us for guidance and support
The steps following a deposition are crucial in shaping the course of a personal injury lawsuit. With a clear strategy and a knowledgeable legal team from Zara Injury Law, you can feel confident as your case moves through these critical stages. Whether through settlement or trial, we aim to help you secure the compensation you deserve for your injuries.