What happens after a deposition in a personal injury case? After a deposition, a Charlottesville personal injury lawyer can generally review the deposition interview, continue gathering evidence for your case, and take applicable actions based on the information provided in the deposition.
Lawyers both prepare you for your deposition and review the testimonies of the defendant and other parties.
Understanding the Personal Injury Deposition Process in Virginia
To understand what happens after a deposition, it’s important to first understand what a deposition is and what purpose it serves in a case.
A deposition in a personal injury case is testimony given under oath about what happened during an accident. Witnesses, experts, plaintiffs, and defendants may be deposed during this process, and what each party says can be used as evidence in a personal injury case.
A deposition is an important part of the process of a personal injury lawsuit, and is treated as if you were testifying in court before a judge and jury. Deposed parties are obligated to tell the truth or risk perjuring themselves and facing legal repercussions. These statements help provide evidence and insight into a case. It can also help minimize the time spent in court or the need to go all the way to trial.
During your case, your lawyer can depose various parties connected with your case in their efforts to gather evidence. Lawyers can also take the defendant’s official statement, which they in turn can use to strengthen their claim and challenge the opposition’s case.
However, you can also be deposed by the defense as part of their efforts to build their own case. Your lawyer can prepare you in advance.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Lawyers Review Transcripts of Personal Injury Depositions and Make Necessary Adjustments
After a deposition, the testimony will be transcribed, and then lawyers can review what was said. They can assess the statements for strengths and weaknesses to determine how the deposition can be effectively utilized in your case. They incorporate the depositions into your overall case strategy. Testimonies are also very valuable for anticipating what a party may say in court if a trial occurs.
According to Virginia Supreme Court Rule 4:5(e), parties who have been deposed have the right to review the transcript of their deposition and make any clarifications or amendments to the statements they provided. They can also check to ensure that the deposition was taken down accurately, so their statement doesn’t misrepresent what happened during the accident.
If you or any other deposed parties have changes to your testimony, you may be able to complete and submit what is known as an errata sheet.
This document lists all clarifications that an individual has to their deposition. The document generally lists the page and line numbers where the error occurs in the transcript, along with the corrective information. This is included with the original deposition.
The Discovery Phase Continues After a Deposition in a Virginia Personal Injury Case
Once all depositions have been completed in a personal injury case, lawyers continue with the discovery phase of the process to ensure that there is enough evidence to meet the requirements of your case and successfully resolve your claim. Evidence is also important for making sure you have a strong personal injury case and can recover the losses that you sustained because of another party.
The discovery phase continues throughout the duration of your case. As lawyers continue to collect evidence, such as medical records, wage information, police reports, photo and video evidence, and more, they can continue to refine your case to make it stronger. This also helps establish the other party’s negligence more conclusively, which can help you streamline your case so you can settle faster.
While every stage of a case is valuable and serves a distinct purpose, discovery and personal injury case depositions help create the foundation that every other part of your case is built upon.
Without evidence and testimonies, attorneys can’t establish liability or demonstrate your various losses and suffering. As with anything, the stronger your foundation, the easier it is to build the rest of your case.
Personal Injury Depositions Can Influence What Happens Next in a Case
After a deposition, you may be wondering what comes next and whether a personal injury case settles after a deposition. The next steps in a case may depend on the information provided during the deposition. Since depositions are submitted for discovery during the pre-trial phase of a case, both parties have access to them and can review them and act accordingly.
If you have a strong case and can clearly show that the other party was at fault, then you may be able to negotiate with the defense and reach a settlement agreement that can resolve your case.
This is often the ideal outcome because both parties can avoid going to court and avoid a potentially lengthy trial. Settlement can also help you recover compensation for your losses much faster.
However, settlement negotiations do not always end in an agreement, at which point the case may continue to trial. During a trial, depositions taken during the discovery phase can be used as evidence.
Lawyers and judges can also compare an individual’s in-court testimony to their deposition to identify potential discrepancies and inconsistencies that may affect the outcome of a case.
Talk to MartinWren, P.C., About Depositions in Your Case
MartinWren, P.C., can prepare you for what to expect during and after a personal injury deposition in your personal injury case. We carefully review each statement and adjust our strategies accordingly to optimize and maximize impact in your case.
Talk to us today about what to expect during the deposition process and how to prepare for this stage of your case. Our team can help make this process as smooth as possible.
Call (434) 817-3100 or complete a Case Evaluation form
