When someone gets hurt because of someone else’s actions, they might file a personal injury lawsuit. These cases help people get money for things like medical bills, lost wages, and pain caused by the accident. It’s a legal process that can take time and includes several steps.
To get the best results, it’s important to understand what happens at each stage. Knowing what to expect can make the process feel less confusing. It also helps people make better choices with their lawyers.
One of the most important steps is something called a deposition. It might sound complicated, but it’s really just a formal meeting where both sides ask questions. The answers given during this step can affect what happens next in the case.
What Is a Deposition in a Personal Injury Case?
A deposition is a legal interview where you answer questions under oath. This means you promise to tell the truth, just like you would in court. A court reporter writes down everything that is said and creates a written copy later.
The main goal of a deposition is to gather information. Both sides—usually the injured person and the person or company being blamed—get a chance to hear what each other knows. It helps the lawyers understand what happened and prepare for trial.
The people involved in a deposition include the person who was injured (plaintiff), the person being sued (defendant), and their lawyers. A court reporter is also there to type out the full conversation. Sometimes, insurance representatives might be present too.
What Happens During a Deposition?
Depositions usually take place in a lawyer’s office—not in a courtroom. Everyone sits around a table, and the court reporter sets up their equipment. Even though it’s not in court, you still have to treat it seriously because your answers are recorded under oath.
How long a deposition lasts depends on the case. Some take an hour, while others last all day. It depends on how many questions need to be asked and how detailed the answers are. Breaks are usually allowed.
The questions cover many topics, like how the injury happened, your medical treatment, and how your life has changed since the accident. You may also be asked about your past, such as your job history or any previous injuries.
There are rules to follow. You must answer truthfully but only what you know. You don’t have to volunteer extra information. Your lawyer will be there to object if questions go too far or are inappropriate. They’re also there to guide and protect you.
How to Prepare for Your Deposition
Before your deposition, it’s important to review the facts of your case. This includes how the injury happened, what doctors you saw, and what problems you’re still having. Go over any notes or paperwork your lawyer gives you.
Meeting with your lawyer before the deposition is key. They’ll explain what kinds of questions to expect and how to answer them clearly. This can help you feel more ready and less nervous.
Practicing how to answer questions helps too. Keep your answers short and stick to the truth. If you don’t know something or don’t remember, it’s okay to say that. You don’t need to guess or try to impress anyone.
Some people feel nervous or emotional talking about their injuries. That’s normal. Try to stay calm and take deep breaths. If you need a break, just ask. Your lawyer is there to support you the whole time.
What Happens After a Deposition?
Once the deposition is over, the court reporter creates a transcript. This is a word-for-word written record of everything that was said. You and your lawyer will get a copy to review for mistakes or needed corrections.
Your lawyer will look closely at your answers and the other side’s responses. This helps them spot strengths and weaknesses in the case. They may find new evidence or legal points to use later.
Sometimes, a strong deposition can lead to a settlement. If the other side sees that your story is solid and believable, they may offer a fair amount of money to avoid going to court.
If there’s no agreement after the deposition, the case may move on to the next stage, like mediation or trial. Your lawyer will explain what steps come next and help you prepare.
Can a Case Settle After a Deposition?
Yes, many personal injury cases settle after a deposition. The answers given during this step often give both sides a clearer idea of how strong the case is. If the injured person tells a strong and honest story, the other side may not want to take a chance at trial.
Some of the things that can lead to a settlement include how the injuries are described, how the accident is explained, and whether the person comes across as believable. These can make the other side more willing to make a fair offer.
Sometimes both lawyers talk after the deposition and realize a deal can be made. Other times, the insurance company changes their mind once they hear the injured person’s story.
There are many real examples where people got a settlement just days or weeks after a good deposition. It’s not guaranteed, but it does happen often in personal injury cases.
Common Questions About Depositions in Personal Injury Cases
Can I refuse to answer a question?
You can’t ignore questions, but your lawyer may object to certain ones if they are not fair or allowed. If you feel uncomfortable, say so. Don’t be afraid to pause and look to your lawyer for help.
What if I make a mistake while testifying?
If you realize you said something wrong, let your lawyer know as soon as possible. You can correct yourself later in the deposition or in the written transcript. Honest mistakes are fixable.
Will the judge be there?
No, a judge isn’t present during depositions. It’s a private meeting between lawyers and the people involved. But remember, the transcript can still be used later in court.
How soon after a deposition is a case resolved?
It depends. Some cases settle shortly after, while others take months or go to trial. Your lawyer will keep you updated as things move forward.
Final Tips for Your Deposition
Stay calm and composed
Try your best to stay calm. It’s normal to feel nervous, but deep breaths and taking your time can help. Don’t rush your answers.
Listen carefully
Listen carefully to each question. If you don’t understand it, ask for it to be repeated or explained. Answer only what was asked—no more, no less.
Always tell the truth
Always be honest. Even if the truth isn’t perfect, it’s better than getting caught in a lie. If you don’t know something, it’s okay to say “I don’t know” or “I don’t remember.”
Trust your legal team
Most importantly, trust your lawyer. They’ve been through this many times and are there to guide you. If you’re unsure about anything, ask them before or during the deposition.
Contact Our Chicago Personal Injury Lawyer for Your Case
If you or a loved one has been hurt and need help with a personal injury case, our team at Phillips Law Offices is here for you. We’ve helped many clients through the deposition process and beyond.
You don’t have to figure it all out by yourself. We can explain everything clearly and make sure your rights are protected at every step.
Contact us today to talk about your case at (312) 598-0917. The sooner you get legal support, the better your chances of getting the compensation you deserve.
Interesting Reads:
Statute of Limitations in Personal Injury Case
Evidence Needed To Support Personal Injury Case
How Long Does it Take to Settle Personal Injury Case?
The post What Happens During and After a Deposition in a Personal Injury Case appeared first on Phillips Law Offices.