What Happens After Deposition in a Personal Injury Case?

Navigating a personal injury case may feel like a wholly unfamiliar process. Many plaintiffs have no experience with legal cases, and terms like “deposition” may feel foreign. 

You may be approaching the discovery phase of your case and wonder: What happens after deposition in personal injury cases? Several things might happen, depending on how the deposition goes. 

Learn more about the general post-deposition process. Your injury lawyer can provide more personalized guidance about what happens next. 

What Is a Deposition? 

First, deposition is a formal question-and-answer session in which witnesses in a personal injury case provide sworn testimony under oath. This testimony can be used as evidence later in court and give both parties key details about the case to use in their arguments. 

Potential Next Steps After Deposition in a Personal Injury Case

Several processes might take place after deposition in a personal injury case. The next steps depend on the information that arose during the deposition and how either party decides to proceed. 

These are a few possibilities for what can happen after deposition. 

Either Party May File Motions

The deposition may have revealed that both parties agree on the details of the case and that there are no facts in dispute. If this happens, either party can file a motion for summary judgment. This would invite the judge to rule in their favor based on the information provided during discovery. 

The judge will review the evidence from discovery, including recordings from the deposition, and determine whether the case is truly undisputed. Each party will also have the opportunity to argue why the evidence supports a ruling in their favor. 

Motions for summary judgments are not common, but they sometimes arise after deposition. 

Settlement Negotiations May Begin

In many cases, deposition prompts one or both parties to begin settlement negotiations. Personal injury cases often settle out of court. Once both parties know all of the key details in the case, they can strategize a settlement offer that they believe would be fair. 

Sometimes, parties involved in a personal injury case use alternative dispute resolution methods to attempt to reach a settlement. Thus, the next step after a deposition may be mediation sessions or other forms of negotiation. 

Rarely, the Case Proceeds to Jury Trial

The parties in a personal injury case usually attempt to reach a settlement on their own after a deposition. But if settlement negotiations are unsuccessful, the next step would often be trial preparations and court proceedings. 

Both parties should remain prepared for trial throughout the case, even if it appears to be heading for a settlement. The parties’ legal counsel will take the information they learned during the deposition and use it to form their client’s legal strategy. 

Seek Legal Representation for Your Case 

What happens after deposition in personal injury cases? The answer can vary significantly depending on the case. Hiring a personal injury lawyer can help you confidently navigate this unfamiliar legal process. 

Larry Wall Trial Law represents personal injury clients across the greater Wichita, KS, area. Call us today at 316-265-6000 to schedule a free consultation.