What Happens After A Deposition In A Car Accident Case?
Automobile Accidents - February 12, 2021
Car accident cases can become complicated. While it is true that the vast majority of Illinois car accident claims are resolved through insurance settlements, that is not always the case. There are times when a car accident injury victim has to file a personal injury lawsuit against the alleged negligent party in order to recover compensation.
When the claim enters the civil court process, there will be several steps involved. This will include an investigation and the discovery phase. Often, depositions must be taken from witnesses during the discovery phase of litigation. Here, we want to briefly describe what a deposition is and what happens after a deposition in a car accident case.
What is a deposition?
Depositions in a car accident case will take place during the discovery phase of the litigation. Depositions are a type of oral discovery for the case. In general, a deposition will cover in more detail any topics already discussed or mentioned in written statements provided to opposing counsel. A deposition is not a formal legal proceeding, but those giving a deposition will be under both, and a court reporter will be present.
During a deposition, the opposing counsel will ask questions. Your attorney will have the opportunity to ask follow-up questions and to intercede if they disagree with a line of questioning from the opposing counsel. A court reporter will be present to record everything in order to create a written transcript and a record of what was said during the process.
What happens after a deposition is given?
After a deposition has taken place, the court reporter will transcribe everything verbatim and then produce a transcript of the deposition to all parties. Every party involved can refer to this transcript later on during the litigation process, including during the personal injury trial if the matter goes that far.
The car accident attorneys in Chicago will examine the transcript of the deposition to determine whether or not the deponent (the person who gave the deposition) is believable and credible. They will also take into account how the deponent presented themselves when testifying during the deposition in order to gauge how this person would testify in court.
Attorneys from both sides will have to examine all of the evidence they have before them, including the depositions, in order to determine whether or not they should move forward with the trial. Depositions may provide both sides with an indication about what direction the case may go if it ends up in front of a jury. If the plaintiff or witnesses for the plaintiff proved to be credible and believable witnesses, the opposing counsel may decide to attempt to reach a settlement out of court before the matter goes to a jury.
However, a deposition could prove just the opposite – that the plaintiff does not make a good witness, is not believable and is not credible. In these cases, the aftermath of a deposition could be the time when a plaintiff drops their case against a defendant.
After the discovery process of litigation is complete, attorneys from both sides will have to make a decision about whether or not to move forward to a full jury trial. This move comes with risks for both sides, but it can also have significant benefits.
It is crucial for any person who expects to give a deposition to work with an attorney who can help them through this process. Car accident cases that reach the personal injury lawsuit level are going to be complex by their very nature, but an attorney will be able to walk you through the whole process and help ensure that you receive the most favorable outcome possible.