When a personal injury lawsuit is filed, it triggers an important process known as “pre-trial discovery.” This is when both the plaintiff’s side and the defendant’s side request documents, relevant records, and conduct depositions to get a better sense of what happened leading up to the accident, the extent of harm as a result of the accident, etc. Understanding what happens during and after a deposition can help you feel better prepared as your case progresses.
Overview of What Takes Place During a Deposition
A deposition is a part of the pre-trial discovery phase of a personal injury lawsuit. During a deposition, you will be asked questions in a recorded interview by both your attorney and the defendant’s counsel. It will occur at a specified date, time, and venue (usually an attorney’s office or a court reporter’s office), and you’ll get notice of the details prior to the proceeding.
Because you will be under oath during the deposition, it is vital that you answer the questions truthfully and to the best of your knowledge. Most people find it helpful to have their Virginia personal injury attorney present during the deposition, so they can ensure that the defense counsel asks only relevant questions. Another advantage to having a personal injury attorney on your side is that they can assist in preparing you for the deposition.
What to Expect When the Deposition is Completed
Following the deposition, the court reporter who was present will draft a transcript of the proceeding and provide it to the attorneys for both parties. It is important to exercise patience since the creation of the transcript may take a number of weeks. However, once your Virginia personal injury lawyer has obtained a copy of the transcript, they will review it to identify any mistakes or inconsistencies.
Post-Deposition Mediation
A mediation session may become necessary if a settlement agreement has not been reached and the scheduled date for the personal injury trial is approaching. The mediation session will typically be conducted by a mediator experienced in personal injury law, who will try to help you reach an agreement with the defendant. Both sides will have an opportunity to present evidence and argue the merits of their case. The mediator will then make suggestions about how the parties can resolve the matter.
Post-Deposition Settlement Negotiations
Following a deposition, it is fairly common for both sides to negotiate potential out-of-court settlement frameworks. Typically, your attorney will make an offer followed by a counteroffer from the defense, and so on and so forth. Please note that you, as the client, retain the ultimate authority to accept or reject a proposed settlement.
If the negotiations and the mediation session are unsuccessful, the case may proceed to trial, where both sides can present evidence and arguments. Your lawyer will provide the court with evidence that demonstrates the other party’s fault in the accident and proof of the losses you have suffered as a result of your injuries.
The judge and/or jury will then evaluate the evidence and arguments from both sides in order to determine whether the evidence presented at trial was sufficient to find the defendant liable and award you damages for your harms and losses.
Have Questions? Contact an Experienced Virginia Personal Injury Law Firm
If you were seriously injured in an accident and looking for the services of a respected and knowledgeable personal injury law firm, contact Shapiro, Washburn & Sharp today. Our legal team handles phone calls 24/7 and is ready to meet with you during a free, confidential consultation to get a better sense of your situation and whether it makes sense to move forward with a legal claim.
