Personal injury deposition and settlements - What to expect

Personal Injury Deposition FAQs and What to Expect

by | Feb 15, 2017 | Blog

Personal injury cases include a wide range of injuries involving the negligent or direct actions of another individual. The injuries do not need to be physical, but can also be monetary or psychological, depending on the situation. In general, the injuries just need to be quantifiable. When a person does have a valid personal injury case, they have the option of speaking with an attorney about their situation to get the help they need to obtain compensation for their injuries. One of the steps in the process of obtaining an adequate settlement is the deposition.

What is a Deposition?

A deposition is where a person is questioned for evidence of a case before the trial begins. With personal injury cases, the person interviewed can be the victim of the accident, a witness, or the person who is accused of causing the accident. If the victim of the accident is asked to go through a personal injury deposition, they may want to contact their lawyer before the deposition. The lawyer can be with them during the deposition and can help them prepare for the deposition.

Why is a Deposition Necessary?

Depositions allow both sides to learn more about the case and gather evidence of what happened based on the person being interviewed. This is often a way to obtain vital information on what happened and to have it on record before the case goes to court. It is also often used as a way to determine if the victim is lying about their injuries and simply trying to obtain a quick sum of money. Many of the depositions are required and the person can be subpoenaed to attend the deposition and to answer the questions.

What Happens During the Deposition?

The person will be asked a series of questions in a personal injury deposition and will need to answer all of them truthfully. Often, the questions asked will seek information about their past, the injuries that occurred, and the future impact of their injuries. They may need to answer questions relating to the following topics.

  • Their Medical History – This helps determine if the injury was fully caused by the accident, exasperated by the accident, or unrelated to the accident.
  • Their Legal History – This helps determine if they routinely seek compensation through insurance settlements and personal injury cases or if this is the first time they’ve been involved in any kind of legal procedure.
  • Their Criminal History – This can be used to determine if they’re reliable as a witness or if they might be faking injuries to obtain money.
  • How Their Injuries Occurred – This is to determine the personal injury timeline, including how the injuries were caused, when the person sought medical attention, and what they did after the accident to prevent further injuries or to avoid making the injury worse.
  • What Injuries They Sustained – This is vital in determining the compensation amount they might be entitled to as well as in determining if their injuries could have been caused by the accident.
  • Future Impact of Their Injuries – This can help determine the compensation amount and will determine whether the person is going to need a significant amount of medical care in the future for their injuries or if they can recover from the injuries.

These are just some of the topics that might be covered and their lawyer, if they contact one before the deposition, will be able to give them more information on what to expect during the deposition. This can help them fully prepare for the deposition.

What Will Happen After a Deposition?

A deposition is usually a pre-trial procedure, so the next step will be to gather more evidence if necessary and to wait for the court case to begin. There are times when a settlement will be determined before the trial actually begins, in which case the person and their attorney can decide to accept the settlement and avoid the trial. If this does not happen or they do not accept the settlement, the next step will be to go through the trial and to await the decision by the judge.

When Should the Person Expect a Settlement?

The length of time until the person receives a settlement is going to depend on a variety of factors. A person’s attorney can give them more detailed information about their own situation. In most cases, if a case goes to trial, they will need to wait until the trial has ended in their favor and the insurance company has decided to not appeal the decision. Often, the person will receive their settlement relatively quickly after the end of the trial.

If you’ve received notice that you need to participate in a personal injury deposition for a case you’re the victim of, it’s important for you to speak with your lawyer right away. They can help talk to you about how you can prepare for the deposition, what you should expect, and what happens after a deposition. They’ll be able to discuss this in more detail to give you the answers you need. If you do not have a lawyer yet, it’s going to be a good idea to contact one right away. Call Ryan Malnar for help with your personal injury settlement.

A personal injury lawyer with over 10 years of experience, Ryan Malnar serves Colorado Springs with honesty & integrity.