The number of accidents on our roads daily is frightening.
Money can never fix the trauma. However, if you or someone close to you was an unfortunate victim of a car accident, you deserve the benefit of compensation to help you cover all bills related to the accident. By hiring a trustworthy attorney, you can let the legal matters go and focus on your recovery.
All motorists should know what happens concerning a car accident deposition if your case goes the avenue of litigation rather than pre-suit settlement.
What is a deposition and the purpose of it?
A deposition is an out-of-court question and answer session forming part of the ‘discovery process’. It is recorded by a person called a ‘Court Reporter’ who uses a special machine to transcribe testimony. The ‘discovery process’ is an important part of personal injury claims where the attorneys for both sides ask questions. It is part of the investigative phase of a case. After being deposed, most car accident cases follow similar paths, although there are exceptions.
General timeline after a car accident deposition.
Preparation of the transcript. As indicated, a court reporter records all court proceedings including a deposition. This is an essential process as you want to make sure no one misquotes what you said, as well as helping your lawyer gather all the necessary information for your case.
Medical examinations. After your car accident, if your case has already been filed in Court, the defense typically have you attend an ‘independent medical examination’ (sometimes simply referrred to as IME) although many Plaintiffs attorneys rather call it for what it is…a compulsory medical exam, since it can be argued that the testimony may be skewed by who is actually paying the bill, that being the other side/defendant or their insurance carrier. This is often requested as the other party may think your doctor is being dramatic to help you get more money out of the insurance company resulting in a ‘battle of the experts.’
Your attorney’s evaluation. Your attorney will have a discussion with you regarding the strength of your case at this point. During this evaluation, any witnesses for a deposition may be called to help gather and clarify any additional details that may support your claim.
Trial. A trial is an expensive process that you may need to go through should a settlement not be reached during the deposition sessions. As your attorney, we will do whatever you feel is necessary to get your deserved compensation.
Settlement. Each side’s attorneys ask questions that could possibly lead to a settlement in the interests of both parties. However, we will only settle when we know it is right for you. Our goal is to make sure you get every dollar you deserve to cover all your expenses associated with the accident.
Most Plaintiff and Defense attorneys will most likely confirm that the great majority of cases eventually do settle with informal approximations of 9 out of 10 cases settling pre-trial.
If you are a victim of a car accident, it is important to understand deposition law and what happens after a car accident deposition.
If you are in any of these positions, or just need more clarity regarding your case, contact Sokoloff & Weinstein, P.A., Attorneys at Law – a firm of experienced personal injury attorneys in Royal Palm Beach and Vero Beach.
