What Happens After a Deposition in a Car Accident Claim?
When a person is injured in an automobile accident, they usually have the right to make a personal injury claim for damages against the at-fault driver’s insurance carrier. Unfortunately, insurers often provide substantially lesser settlements (or dismiss the claim entirely). If that happens, you may be required to file a lawsuit.
The deposition occurs during the discovery phase of an auto accident case and is an important aspect of any automobile accident case. You should not take a deposition without the presence of an attorney. Contact a personal injury lawyer Boston to determine your next steps.
What is a deposition in a car accident case?
An automobile accident lawsuit has four major stages:
- Discovery
- Mediation
- Trial
- Appeal
A deposition is a hearing during the “discovery” stage of the legal process. A party to the case or witness offers their statement under oath for the deposition, which happens outside of court.
If you filed the claim (the plaintiff), your lawyer will question the deposed person. The deposition allows both parties to hear what is stated. Attorneys for each party can hear all stories of what happened, evaluate the strength of the testimony, and figure out how a judge or jury might feel about the witness. This is vital information for all parties to consider in the litigation.
Do you need a lawyer to attend your deposition?
It is advisable to have a lawyer present throughout your deposition. If you attempt to do it alone, you might not understand whether the question the other side asks you crosses a boundary. Your attorney might instruct you not to answer any questions that could be used against you or your case.
What happens after a deposition in a lawsuit?
A few things occur following the deposition that are critical to the lawsuit. Following a deposition, you can expect the following steps:
- A court reporter prepares a transcript.
- Both parties review the transcript.
- Your attorney performs an evaluation.
- Medical examinations may be required.
The insurance company may attempt to influence which doctor you see.
The insurance company usually chooses the doctor you visit for the medical exam. They may make it appear unbiased, but this is rarely the case. The doctor may try to downplay the severity of your injuries or explore for other causes other than the accident.
Because your lawyer is aware of this strategy, they will:
- Prepare you not to give the doctor too much information.
- Request that your doctor produce a report on the damages and how they have impacted you.
- Gather all reports that can be used to reach an agreement.
