People who have been injured in a car accident caused by another driver can opt to file a lawsuit against the at-fault driver in order to keep them responsible for damages. In some of these situations, the insurance company may deny responsibility or make an unreasonably low settlement bid. You and your lawyers may have to file a formal civil action if an insurance company makes an unfair offer in response to your lawyer's demand letter or denies the at-fault driver's responsibility for the car accident.
The case should begin a phase known as the discovery process, which may involve a method known as a deposition. After the litigation is filed, the insurance company hires defense counsel, and the defendant files his or her response. So, after a deposition in a car accident case, what happens next? The experienced lawyers at our law firm can assist you in better understanding what happens after a deposition in a car accident case so that you can claim regardless of other parties. The first part of the deposition is referred to as the discovery phase.
Do Most Cases Settle After a Deposition?
The threat of a deposition is daunting, to say the least, unless you're used to legal proceedings. You also have a lot of concerns about how to psychologically and emotionally plan for a deposition.
So, do you think your deposition would lead to a case settlement outside of court? Yes, it is possible. The majority of depositions are used as leverage to reach an agreement before a case goes to trial especially in a car accident case. A deposition may be used as evidence in court, but the aim is typically to reach an agreement. Depending on which side of a case you're on and how the talks go, this may be good or bad news.
The question you really want to know the answer to, whether you're the defendant or the complainant, is what is the point of a deposition in a car accident case. What is the end result? What happens afterward? These and other issues are addressed further down.
To begin, let's define a deposition in order to alleviate the fear of the unknown. A deposition is usually required after a case is filed but before it is taken to trial. It's simply an out-of-court meeting held during the discovery stage of the pre-trial process. It's similar to a structured interview, except the interviewee is sworn to tell the truth.
Lawyers should ask the alleged witness to answer questions about the incident during the deposition. The deponent (potential witness) has the opportunity to document their version of events. This is advantageous because litigation can take years to resolve, and as the adage goes, time changes everything. The details of a deposition registered and transcribed verbatim would not be altered due to time or reflection keeping the information that was provided by a witness in a file.
Second, what is the concept of a settlement? You may have learned the word from television, movies, or even your lawyer. When the two parties of a dispute legally agree to terms to resolve the conflict, it is called a settlement. They then fill out some paperwork. This is not the same as an official decision or a verdict. A voluntary settlement occurs before a lawsuit goes to the courtroom or during a trial. At the close of a hearing, the judge or jury renders a verdict.
A settlement is usually a sum of money agreed upon by one side to pay the other as restitution. It may also be the division or transfer of property or properties. Your lawyer should be able to send you the best-case scenarios for your case since each case is different. The court reporter or transcription service would write down the remarks made during the deposition word for word. The remarks recorded by the court reporter are used as evidence. The legal videographer would make a time-stamped copy of the deposition available after the meeting if it was video recorded.
This transcription is generally used as evidence in litigation. When this point comes to fruition, there are three possible outcomes to the deposition relating to the evidence:
The facts are disputed and questioned.
The facts are clear and undisputed; however, the two parties cannot agree to settle.
The facts are clear and undisputed and both parties are able to agree to settle .
In the last scenario, both sides agree to settle and drop their lawsuits. The first two outcomes, on the other hand, result in a protracted negotiation at best and a trial at worst. You could be called to appear in a courtroom if the matter goes to trial. Should the matter go to trial, the verdict falls to the judge and jury. the judge and jury may not be on your side, so you should prepare for the worst-case scenario. The best way to prepare is to have the incident deposed successfully and settled outside of the courtroom.
In an accident, there is a possibility that serious injuries could occur to anyone involved. Should this be the situation, your attorney can consult with the doctor to find out which driver was responsible. A car accident is generally a pretty traumatic experience for everyone involved regardless of whether or not there are medical complications. For this reason, it is often better for accident claims to be solved without the need for a trial. In some accident cases, it may be difficult for both persons to form an agreement regarding the compensation. When this happens, it is likely that the parties to an accident get their attorney to negotiate the terms. This may not be the case for every accident; however, it is important that you are prepared for this should you have been in an accident recently. Your attorney may be able to carry out the depositions and discovery phase in a matter that sees the depositions going in your favor.
How Long After a Deposition Does it Take to Get a Settlement?
So, what happens after a deposition in a car accident case? The time it takes to finish talks and receive your settlement varies. It is often easily settled upon and simply a matter of signing documents. There are occasions when talks fail and there is no middle ground to be found. They are often placed on hold until medical exams or procedures are completed.
Unfortunately, there are far too many variables that can influence a settlement to include a precise timeline. Your state's civil procedure laws may set a deadline for filing a complaint, but there is no such deadline for review or negotiation. In the best-case scenario, you should reach an agreement and receive your money within four months of the exploration process ending.
Litigation is not something that should be taken lightly. Even in a straight-cut scenario, it can take a long time to reach a conclusion. Patience, calmness, and communication with your lawyer are the best things you can do.
What Happens to the Settlement Money After Negotiations have Concluded?
There is a lot of paperwork after the talks are completed. You have to sign a carefully worded release form stating that you won't sue over this problem again. It might be beneficial to learn what to do if someone sues you for a car accident. Following the filing of the release form and other records, the defendant may begin the internal process of preparing the payment. The time limit varies by jurisdiction, and payment can be delayed due to unforeseen circumstances.
The money is normally sent to the law firm, although this is not always the case. It's kept in escrow until fees and debts (called liens) are settled. Attorney bills, medical debt, child care, and other expenses fall into this category. In other words, something that was put off when the incident was being litigated. You should collect your share of the settled amount after it has been paid off. Speak with your lawyer if your settled payout is taking longer than six weeks.
An insurance claim can be paid as a structured settled amount on rare occasions, particularly in personal injury cases. This means the insurance company would pay the settlement for a long period of time, often years! This typically occurs when the claimant is a minor or when the claimant has sustained a catastrophic injury that necessitates continuing medical care. If the arrangement only lasts until your death, your loved ones would be left to pay the bill. Consult your counsel on the advantages and disadvantages of a negotiated settled amount.
What is the Next Step After a Deposition Hearing?
Following the conclusion of the deposition hearing, there are a number of things that can take place.
Litigation Support Software
Using special software known as "litigation assistance" services, paralegals begin culling during the deposition. These are intended to assist prosecutors in locating details they may need during a trial.
Further Discovery (Should it Be Necessary)
After reviewing the transcript, an attorney can discover that he or she needs to double-check evidence, conduct additional follow-up, or speak with additional witnesses. In these cases, the lawyer would need to perform further discovery.
Settlement Review
Attorneys expect to find the "smoking gun" in their client's deposition testimony; but, as we all know, life does not always go as planned. The information collected during the deposition helps both parties to assess if their case is good enough to go to trial or whether they would be better off settling.
Trial Preparations
If the parties are unable to reach an agreement, the depositions are closely examined for evidence for key arguments in the attorneys' theory of the incident or for gaps in the other party's case that they can exploit.
Do Personal Injury Cases Settle After a Deposition?
In general, a personal injury case can be resolved at any time with a settlement offer. When the case settles or goes to trial, it all depends on how cooperative the insurance provider is with us and whether they give you a fair settlement offer. If they do not, we would recommend that you go to the courtroom to fight for the money you deserve, whether before or after depositions after you carefully review the facts.
The Bottom Line
You should now know what happens after a deposition in a car accident case. Whether you have a personal injury claim, need assistance in dealing with your insurance company, or help with the settlement offer, you can contact us for a free consultation. In doing so, we can provide you with a car accident attorney or personal injury attorney to deal with the repercussions of the car accident. Our law firm can provide you with all the legal advice that you may require in order to successfully settle outside of a courtroom all with attorney client privileges. Should you be interested in this, you can find more information on this website where you can get in contact with a car accident lawyer who can assist you with your compensation. Give us a phone call today or come to our office if you are unable to make a phone call so that our personal injury lawyers can represent your party in front of a jury or outside of court and help you better understand what happens after a deposition in a car accident case.
Comments