What Happens in a Deposition in a Personal Injury Lawsuit?
If you have been injured in an accident, you may be wondering what to expect during the deposition in your personal injury claims.
The deposition is a vital part of any car accident lawsuit, medical malpractice case, or nursing home abuse claim, and it can be daunting for victims who are not familiar with the legal process. However, by learning what to expect during a deposition, you can better prepare for this vital step in your claim.
The experienced personal injury attorneys at Rosenfeld Injury Lawyers, LLC can help prepare you for your deposition and discuss what to expect when the defendants are deposed. We're here to help you determine or get the compensation you deserve for your injuries due to someone else's negligence.
Contact our Chicago law firm at (888) 424-5757 (toll-free phone number) or use the injury form today for immediate legal advice from our law firm and schedule a free consultation with a lawyer. All confidential or sensitive information you share with our legal team remains private.
Questioning All Parties Involved in a Lawsuit
In a personal injury case, the deposition is a formal questioning of witnesses before trial if the insurance company did not make a reasonable settlement offer.
It is often one of the essential steps in a personal injury case, as it allows both parties to learn more about the case and the potential damages.
During the deposition, you will have an opportunity to share your story and explain how your injuries have impacted your life. You may also answer written questions about the accident itself. For many victims, this is a crucial step in the process.
What is a Deposition?
A deposition in a personal injury case is a formal questioning of witnesses that takes place in an attorney's office before the actual trial.
It is often one of the essential steps in a personal injury case, as it allows both parties to learn more and gather information about the case and the potential damages.
Questions can vary according to the case's specifics but generally focus on you as a person, your employment history, the accident, and your injuries. For many victims, this is a crucial step in the process.
What to Expect During the Deposition
As an injured party, you will be questioned by the opposing attorney during the process. The questions will likely be about the accident and your injuries. Your lawyer may also examine you.
You should be prepared to answer questions about how your injury has impacted your life. You may also be asked to present evidence of your injuries, such as medical records or photos.
It is essential to be truthful and honest during the questioning. Lying or providing false information can harm your case and may lead to sanctions from the court.
The questioning can be a complicated process, but you can get through it with the help of an experienced lawyer.
Have you have been injured in an accident? Speak with a lawyer at Rosenfeld Injury Lawyers, LLC today for a free consultation. Our law firm will help you get the compensation you deserve for your injuries.
Stages in a Personal Injury Lawsuit
The deposition serves as a crucial milestone, but it is just one of many steps in a car accident lawsuit.
If you have been injured, it is important to understand the process to be prepared for what comes next.
Filing a Complaint
The first step in a car accident lawsuit is filing a complaint. It is the document that officially starts the personal injury claim.
You will list your injuries in the complaint and explain how the other side is at fault.
After the complaint is filed, the other party will have an opportunity to respond. In many cases, the other side will deny liability.
Your attorney will likely file a motion for summary judgment if this happens. The motion for summary judgment asks the judge to rule in your favor based on the evidence.
If the court agrees to rule in your favor, the case will likely go to trial if the insurance company doesn’t make a reasonable offer, which happens after a deposition.
If the judge denies the motion for summary judgment, the case will proceed to get tried.
The Discovery Phase
The deposition is just one part of discovery. The discovery phase is another stage of the personal injury case process. It is when both parties collect evidence, including witness testimony, for an accurate picture of the occurrence and build their case.
Your attorney may also request medical records, police reports, and witness statements during the discovery phase. Your attorney will use this evidence to build a strong case for you.
The Mediation Phase
Then we have the mediation stage, where both parties sit down with a mediator to resolve the case outside of court and get compensation from the insurance company.
The mediator may recommend a fair settlement offer and see if you and the liable party accept. However, the mediator does not determine how much compensation is deserved. If this doesn’t work, we proceed to trial to present evidence to jurors.
If your case gets tried, a jury will hear the evidence and decide whether you are entitled to compensation. If the jury finds it in your favor, you will receive a damages award.
After trial, a personal injury case verdict will be issued. If you win, the court will order the opposing counsel to pay you damages. If you lose, you may have to pay the defendant’s costs.
The Appeals Phase
The appeals process is the final stage of a personal injury claim. If either side is unhappy with the verdict, they can file an appeal. The process can be long and complicated.
It is important to have an experienced attorney throughout the entire personal injury trial process.
Rosenfeld Injury Lawyers, LLC has extensive experience handling personal injury cases. We will fight for you at every step to get you the compensation you deserve.
We can also help you recover damages such as medical expenses, pain and suffering, and punitive damages. Speak with a lawyer today for a free legal consultation.
What Happens After a Deposition
After your personal injury claim has passed through the discovery process, there are three crucial stages:
The Court Reporter Provides a Transcript
The entire deposition process will be recorded with a recording device by a court reporter ( a court reporter prepares a transcript by law). The reporter may use several devices to record the session within the court environment.
The deposition is done to preserve the record for testimony given at trial. If there are any other interactions during the deposition, the reporter will note them.
After the deposition is complete, the court reporter will prepare a transcript or a verbatim report. The transcript can be used as evidence in your case.
Both Plaintiff and Defendant Receives a Copy of the Transcript for Assessment
All parties involved in the suit will receive a copy of the written transcript and any exhibits used during the deposition.
Your attorney will carefully review the transcript and use it to prepare for court. The defendant’s attorney will also use the transcript to prepare for the court case.
The Defendant May Request Independent Medical Examination
The defendant may also request independent medical examinations (IME) of you. These IMEs are used to assess the credibility of your testimony. If the defending party requests an IME, you will have to participate in it. The results of the IME can be used as evidence in your case.
The Trial Begins With the Jury Selection Process
Jury selection will initiate the trial if all sides and the defendant’s insurance company don’t settle before trial. A jury selection process is where both sides choose a jury that they believe will be sympathetic to their case.
The attorneys will ask potential jurors questions about their background and views on the case. After the jury is selected, both sides will give their opening statements. The plaintiff will go first, followed by the defendants.
If either party needs information from a source other than the plaintiff or defendant, it may call upon other witnesses (or more witnesses ) to be deposed after the initial depositions.
After the closing arguments are complete, the jury will leave the courtroom to begin deliberations.
Hiring a Personal Injury Lawyer for Your Deposition
The deposition process can be complicated and confusing. It is important to have an experienced personal injury attorney by your side who can protect your rights and help you obtain the compensation you deserve.
Rosenfeld Injury Lawyers, LLC has extensive experience handling personal injury cases. We will fight aggressively on your behalf to get the compensation you deserve.
Contact our Chicago personal injury attorneys at (888) 424-5757 (toll-free phone number) or use the contact form (for general information purposes) today for immediate legal advice (individual case) and schedule a free initial consultation.
We are also available through a video conference or email. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.