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While most personal injury lawsuits are settled without a trial, there are instances where your case could be tried by a jury. You may need to share your side of the story, talk about your pain or suffering, and answer questions about the accident. It can be very uncomfortable to do, but it’s crucial to secure the maximum compensation for your injuries and suffering. Working with an experienced attorney can help you prepare for this part of the trial, known as the deposition.
Here is an overview of what you can expect to happen during a personal injury deposition.
A deposition will typically occur after you file a lawsuit. During the deposition, the other party’s attorney will question you regarding the facts of your case. They’ll ask about details, circumstances, and other information that was used for your case. A deposition isn’t a surprise or unexpected event—you’ll know in advance and will have a set time and date for it. If you must give a deposition, it’ll occur in an attorney’s office where both your attorney and the other party’s attorney are present as well as a stenographer.
During a deposition, you (the deponent) are under oath, which means you must answer truthfully to the best of your ability. Everything you say and anything that happens during your deposition is recorded by the stenographer. This information can and usually will be used during the trial (unless it’s settled before then).
You’re probably wondering how and when you would know that you need to give a deposition. It would happen during the discovery phase of your case when the defendant’s attorney sends you a notice of deposition. After receiving the notice, you must give a deposition. For your case to continue and for you to get the compensation you’re seeking, you must attend the deposition and answer all the questions truthfully. Your attorney will work with the other party’s attorney to set up a date and time that works for everyone.
Once you know you’re being deposed, it’s important to start preparing for the questions you could face. Some questions may seem mild or basic, but other questions may dig at sensitive areas. it’s important to remain calm, as the other party’s attorney could be trying to frustrate you.
You’ll be asked about your background, contact information, family, job, and other personal information. These questions are meant to just collect basic information about you and shouldn’t be difficult to answer.
Accidents can lead to serious and sometimes long-lasting injuries or conditions. The other party’s attorney will ask questions about your health and physical condition before your injury. For example, if you suffered an injury to your leg during the accident, the other party’s attorney may ask about any previous leg injuries you’ve suffered.
This part of the deposition can get tricky with instances of injuries that are harder to see. A concussion isn’t as visible as a broken arm. When it comes to head injuries or another injury that isn’t easily seen, it’s imperative that you clearly describe your health and physical condition before your injury.
This is your opportunity to tell your side of the story. It can be painful to relive the accident, but the other party’s attorney will likely ask you about it. They may ask questions about the incident, like how it happened, how you reacted initially, who else was present or witnessed the accident, etc. However, they may also ask more obscure questions, like what the weather was like that day.
For the best outcome for your case, it’s important to practice this portion of the deposition with your attorney. The last thing you want to happen is forgetting a detail or getting your answers mixed up, causing you to possibly lose out on some compensation. It’s okay to not remember every little detail, but it’s critical to do your best to honestly recollect what happened.
Detailing your injuries helps support your case because it shows how the injury affected you physically, emotionally, financially, and mentally. Prepare yourself for questions like:
An injury can significantly impact your life. This is your opportunity to explain how your injury altered your life for the worse. You might talk about new limitations that occurred after the injury or the costs you incurred. You should also talk about lifestyle changes you’ve made, future plans that have been impacted, and the emotional toll that stemmed from the accident.
It’s not easy knowing what to do or what to expect during a deposition. That’s why we created this helpful list.
Following your deposition, you and your attorney will await a transcript of what was said by everyone involved and any other interactions that took place. Once your attorney has the transcript, both parties will have a chance to review it. This is when you should bring up any errors in your deposition like inaccurate facts brought up during your testimony or the other party’s testimony or instances where you may have misspoken. Your attorney will be looking for:
The other’s attorney may request you undergo an independent medical exam. This exam is used as an evaluation of your physical and mental health. The independent doctor will assess the extent of your injuries and how they may have impacted your life. Although these are medical professionals, they will be testing you in various ways to see if your injuries are limiting you or if you are limiting yourself. Their assessment will be reviewed by the insurance company, which will compare it to the assessment provided by your attorney and doctor. The foundation of your claim may heavily depend on these assessments.
The liable party’s insurance company may offer you a settlement quickly following an accident—even before a medical assessment. However, it’s crucial to know that this figure is the one they want to pay, not necessarily the amount you deserve. Accepting the settlement offer could help in the short term, but you would be forfeiting potentially higher compensation. Always consult a personal injury attorney before accepting a settlement offer.
Your attorney will navigate you through the negotiation process to ensure you get a fair settlement. They will send the insurance company a demand letter stating the amount of compensation you feel you deserve. This figure is typically based on medical expenses and lost wages due to your injury. Negotiations can take several rounds, but your attorney is prepared to continue fighting for you.
Despite going through round after round of negotiations, you and the liable party or their insurance company cannot reach an agreement. Now what?
With no agreement made, your next move is a mediation session. This will involve you, your attorney, the insurance company (or their representative), and a mediator. Their job is to help both sides come to a resolution. The mediator is typically a judge or former judge who is well-versed in personal injury law.
During mediation, you and the other party will have a chance to bring all evidence forward. You may need to speak about the accident, your injuries, and how your life was altered by them. Your attorney will help you practice this portion as it’s vital to your settlement.
After hearing from both sides, the mediator will typically recommend the next steps for you. They may recommend a fair settlement offer; however, they cannot force you or the other party to accept it.
If neither party can agree at the end of mediation, you can take the claim to trial.
Most personal injury claims never reach the trial stage because they settle out of court. However, if you cannot agree on a settlement, your attorney will likely recommend taking it to trial. Going through a trial can get expensive for both parties, which is why most claims are settled out of court.
The possibility of a trial is another key reason you should work with an attorney you can trust from the start. They will have the experience necessary to walk you through the process. The trial is another opportunity for your side to present all the facts and evidence. The other side will do the same. After hearing from both parties, the court will make a final ruling on your claim. Both parties must adhere to the final verdict.
Whether you accept a settlement or take your claim to trial, you’ll get your personal injury compensation. Typically, the liable party or their insurance provider will make the payment within 30 days. If, for any reason, the payment is not made in that time frame, contact your attorney. The party responsible for payment will likely be hit with additional fees and penalties for failing to pay.
Suffering a personal injury can leave you feeling overwhelmed, exhausted, and confused about what to do next. Getting the compensation you deserve can be a complex, drawn-out process. But you don’t have to go through it alone. A personal injury attorney can help you secure a fair payout for your claim.
The Shapiro Law Team is ready to work with you. Our team of attorneys has a proven track record of helping victims secure a fair settlement. If we choose to accept your case, we’ll do everything in our power to ensure you get the best outcome. Contact us for a free consultation.