Do personal injury cases settle after deposition? Oftentimes, personal injury cases settle after deposition.
During a deposition, your Charlottesville personal injury lawyer is able to see many of the strengths and weaknesses in the other party’s case, often leading to one or both sides being more motivated to settle.
How a Deposition Can Help Your Case Settle Faster
A deposition is sworn testimony given outside of the courtroom. It is similar to testifying on the witness stand: if you are found to be dishonest or to have committed perjury, you can be held criminally liable. It is an official record in which a court reporter records everything, and it may be videotaped or recorded and entered as evidence if taken before a judge.
The purpose of a deposition is to allow attorneys to gather evidence and build their case by determining what a witness may know or say during a court hearing. It is also intended to hold witnesses accountable so they cannot later change their stories.
Depositions allow both parties to understand what a witness may say at trial, which may lead either side to push for a faster settlement. For example, if a witness’s testimony strongly favors the injured party, insurance companies will often offer a better settlement to avoid going to trial.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
How a Strong Plaintiff Deposition Can Lead to Settlement
One of the best ways to have your personal injury case settle after deposition is to give a strong testimony as the plaintiff. It is essential to remain calm, composed, honest, and consistent during a deposition. This helps build credibility and shows the opposing party that you have a strong case.
Credibility is vital not only during deposition but also at trial. When a jury is determining its verdict, it often looks at whether or not a plaintiff seems trustworthy and if their testimony is honest and complete. Having a strong deposition shows insurance adjusters that you would perform well in court.
If the opposing party believes that you would perform well on the stand, they are often more likely to offer a higher settlement. A skilled lawyer can help you prepare, which is one of the many reasons you might require a personal injury lawyer.
Case Complexity Can Affect How Long It Takes to Settle
The amount of time it takes to settle a case after a deposition can vary greatly. While many personal injury cases settle after deposition, several factors can affect how long this may take. Working with a lawyer will help you settle as quickly as possible without giving up the money you are owed.
Severity of Injuries
Minor injuries with faster recovery times often result in shorter cases. Conversely, cases with more severe, catastrophic injuries tend to take longer, as your attorney will likely want to see how your injuries may affect you long-term and what sorts of future treatments you may require.
Disputed Liability
If there are disagreements as to who is at fault, a case may extend beyond the norm. Negotiations may also take longer if liability is not clear-cut. Virginia operates on a pure contributory negligence rule (Virginia Code § 8.01-58), meaning that if you are found to be at fault in any capacity, you may not be entitled to recover any damages.
Investigation and Discovery
Both parties may want additional time to speak with experts, review witness testimony, and go through evidence. They may also come across other items that they would like to add to the discovery. This process can extend the timeline of how long it takes to settle.
Negotiation Complications
Even if both parties are motivated to settle your personal injury case after deposition, negotiation can be a lengthy process. The role of your attorney is to ensure you do not settle for less than you deserve, while the other party wants to have the smallest amount to pay out.
Case Complexity
If multiple parties are involved, it may lead to a more complicated case. This often requires extra investigation and additional negotiation and may lead to more questions on who is liable. In some cases, liability could be shared by more than one party, so your attorney will need to negotiate with additional entities to get you your full compensation.
While both parties may be motivated to settle rather than take the case to court, it is important to have realistic expectations about how long a case may take to settle. There is no set average length of time it takes to settle, so it is essential to be patient and work closely with your attorney to ensure you get the best results possible.
Not All Cases Settle
It is important to note that while it is common for a personal injury lawsuit to settle after deposition, that is not always the case. There are certain times when either you or the defendant may choose not to settle. These can include:
- Major disputes over fault
- Unresolved medical treatment
- High-value claims needing expert input
- Insurance company stalling
- Strategic reasons to push toward trial
Working with a qualified attorney is imperative in any personal injury case. They can walk you through every part of what to do after a personal injury accident and work with you to secure the highest settlement offer allowed.
Do Not Settle For Less Than You Deserve
If you decide to take a settlement after deposition, you should not feel forced into taking one for less than you deserve.
After any injury, our team at MartinWren P.C. is here to fight for you. We work tirelessly to secure the full compensation you deserve for your injuries so you can focus on healing.
Call (434) 817-3100 or complete a Case Evaluation form
