If you or a loved one was in a car accident, your life might be in turmoil. You may have injuries that require doctor appointments and physical therapy sessions. If your car was damaged and waiting for repairs, or you cannot drive, getting to appointments can be challenging. Juggling work and routine responsibilities in addition to handling the effects of the injury may leave you struggling. Medical and repair bills can be expensive, and your insurance may not cover the costs.
If your accident resulted from someone else’s negligence or you feel that the insurance company undervalues your claim, you may decide to hire a car accident lawyer and file a claim for damages. Personal injury lawsuits can be complex, and depending on the circumstances of your case, you may have to participate in a deposition.
What’s a Deposition?
Prior to filing a lawsuit, in most cases, your attorney will attempt to settle your case pre-litigation. If the at fault’s insurance company is not willing to offer a fair settlement for your case, with your permission, your attorney will file a lawsuit on your behalf.
At the beginning of the lawsuit, attorneys for each side gather information and investigate all aspects of the accident. During this phase, known as the discovery process, crucial facts are often brought to light.
First, the at fault or insurance company’s attorney will send a set of questions for you to answer called interrogatories. Your attorney will help you answer the interrogatories.
After the interrogatories a deposition will be scheduled. A deposition is the formal, recorded question and answers session that occurs while you are under oath. A court reporter records the responses, which may be used if the case goes to trial.
The examiner asks a series of questions to help obtain information that can benefit his or her client. Each side can ask questions of accident witnesses, victims, and expert witnesses.
Prior to the Covid pandemic, most depositions were attended in person either in a lawyer’s office, conference room, or private location. However, nowadays, most depositions are attended via Zoom or video conferencing meeting.
Preparation is critical for an effective deposition. Your attorney will schedule a time days before the deposition to prepare you for the questions that will be asked of you. Once you are comfortable, the deposition will proceed forward.
It is a good idea to arrive at least one hour before the scheduled start time and review the details of the case with your Plantation personal injury attorney before the proceeding begins. Take some time to gather your thoughts and focus. It can help you remember the strong points of your case and how to respond to potential weak spots.
When the examiner asks you a question, don’t rush your reply. Listen to the entire question and think before responding. This can ensure you answer only the question asked, not what you think they will ask. Make sure you understand the question and ask for clarification if you don’t. When answering, don’t volunteer additional information. Only include information that directly pertains to the question.
How Long Does a Car Accident Deposition Take?
Attorneys for each side use the deposition to uncover discrepancies between what you say while being deposed and what you say in the courtroom. Although individual depositions commonly last between one and a half to three hours, they could last longer, depending on the nature of the injuries and circumstances of the accident.
What’s the Next Step After a Deposition?
Even if the deposition process doesn’t occur in the courtroom, you are under oath. It carries the same weight as if you were on the stand during a trial. The court reporter will prepare a transcript of the proceedings and distribute it to both sides upon completion. Each attorney will review it, looking for inconsistent details.
You will be given the opportunity to read the deposition transcript if you wish. If you decide to read it and find that your answer was not correct, or the court reporter made an error, you will have a chance to change your answer if necessary.
Depositions often expose additional details or more witnesses for the case. As a result, attorneys for both sides may have to conduct further investigation. Once the discovery process, including depositions, are complete, there are different paths the lawsuit may take.
- Settlement – If most facts are undisputed, legal counsel on each side may engage in negotiations to settle the case out of court.
- Trial preparation – The lawyers for each side prepare for trial if they cannot agree on a settlement. This may include preparing witnesses previously deposed.
- Court – The lawyers will plead their cases to the jury, for their final decision.
What is a Compulsory Medical Examination?
It’s common for the insurance company to request a compulsory medical exam after the deposition. The insurance company typically selects the doctor who will conduct the medical exam. It is not uncommon that the insurance company’s doctor will disagree with the findings of your treating doctor and, if called to trial, the insurance company’s doctor will testify in opposition to your doctors.
If you are the injured plaintiff, your attorney may help you get ready for the exam. Your lawyer may also direct you not to volunteer unasked information.
Do Most Personal Injury Cases Settle After the Deposition?
Each situation is unique. While there is no guarantee that your case will end with a settlement, most civil lawsuits, including personal injury cases in Fort Lauderdale, do settle before trial.
Several factors contribute as to whether your case goes to trial, such as how amiable the insurance company is and if the settlement offer is fair. There are pros and cons to settling instead of moving to trial.
Taking a case to trial is time-consuming and expensive. Depending on the details of your case, the trial make take a week or more for which you have to be present.
The experienced Broward County attorneys at Cecere Santana can help you evaluate whether you should take your case to trial or settle.
Your attorney can negotiate a settlement, and you can accept it or decline it. This puts you in the driver’s seat. If you go to trial, you must accept the jury’s decision, even if it is less than the settlement offer. If you take the settlement, you can’t go back and renegotiate the deal, even if the expenses related to your injuries increase.
Plantation Personal Injury Attorneys
Cecere Santana is committed to helping you obtain fair compensation for damages. Our team understands that the time following an accident is stressful. Contact us to schedule a convenient appointment, whether in-person, via phone, or video conference. After reviewing your case, we can determine the best course of action and take care of the details so that you can focus on recovering.
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