A settlement offer can be made at any point in a personal injury case until a judge or jury verdict is reached. Once the evidence and its indication of negligence and fault become clear, a settlement offer can be made at a deposition. It can also be made once the deposition is complete and each party reviews the information provided.
Because a deposition gives each side of a personal injury dispute a look into the case the other side is building, it can make important information known to both sides.
While a deposition can be used as evidence in court, most personal injury lawsuits will not go to court. Instead, the evidence will be reviewed and weighed, and both parties may reach an out-of-court settlement agreement.
A Lafayette personal injury lawyer can assess a settlement made at a deposition and determine if it would fairly compensate you.
What is a Deposition?
A deposition is a question-and-answer session similar to the process of providing testimony at a trial. The person being deposed (the deponent) is sworn in, placed under oath, and required to provide truthful answers. A personal injury attorney represents them throughout the legal process.
Not telling the truth during deposition can mean the deponent faces civil and criminal penalties. A personal injury case can involve multiple depositions leading up to a settlement or trial. Louisiana Code of Civil Procedure Tit. III, Art. 1450 outlines the use of depositions as evidence in a case.
Who Can Be Deposed?
Since representatives for the plaintiff (injured party) and defendant (at-fault party) were not present at the accident or incident, a deposition can tell the story of what happened and clarify the sequence of events.
You are not likely to be the only person deposed in your case. Additional deponents can include police officers, first responders, eyewitnesses, and expert witnesses, such as medical professionals.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhy are Depositions Taken in Personal Injury Cases?
The purpose of a deposition is to give each side of the dispute detailed information on the cause of an accident and its aftermath. The deponent will be asked questions by lawyers for both parties, each in their turn.
Each side will have the opportunity to:
- Learn details about the case they may not have previously known
- Attempt to draw a clear picture of what led to the accident in question
- Learn more about the merits and limitations of each party’s case
- Assess the deponent’s testimony, demeanor, and how they might appear in court
Lawyers for the involved parties can request a deposition to determine how the accident occurred and who was at fault. Each side will also want to know the extent, severity, and costs of the injured party’s injuries and property damage.
Defense lawyers may ask questions about medical records, accident reports, and other physical evidence.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWhat Kind of Questions are Asked During a Deposition?
A deposition can be brief, lasting an hour, or can span many hours or even days. The deponent could be asked a myriad of questions covering many topics during the discovery stage. No one can tell you the exact questions under oath you will be asked, but your lawyer can give you a good idea of what to expect.
During the pretrial discovery process, you could face questions about:
- How the accident happened and what you were doing immediately beforehand
- Your injuries, including your pre- and post-accident medical history
- Your property damage and its condition before the accident
- Your job, your regular income, and your ability to return to work after the accident
Your lawyer will explain the questions you may face. They will also help you understand the importance of answering each question concisely and not adding more to your answer than you were asked.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Can a Deposition Lead to a Settlement?
In a personal injury case, the defendant or their representative may make a settlement offer when the at-fault party’s negligence is clear. When the evidence significantly points toward negligence and fault, a settlement offer might follow.
In most cases, an offer will come only after a thorough review of all evidence related to your case and the financial aftermath.
What Happens After the Deposition?
When a deposition is concluded, the court reporter will transcribe the questions and answers. The reporter will then provide each party’s lawyers with a transcript of the proceedings, which anyone present can also request.
Once each side reviews the information, one of two things will happen:
- Settlement negotiations could begin after your lawyer sends a demand letter to the at-fault party’s lawyer, who sends a settlement offer.
- Neither party offers or entertains a settlement, and your personal injury case will proceed to court.
Your lawyer will keep you updated on the aftermath of your deposition and any developments in your case. They will inform you of the likelihood of settling your case (most cases do not go to court) or of their strategy for representing you at trial.
What Happens After a Settlement Offer is Made?
A settlement offer does not always mean an immediate resolution. It could be only the start of the negotiation process, which can take time, and will include:
- An initial monetary offer
- A careful review of the offer
- A refusal and counteroffer
This process can be repeated multiple times until both parties reach an agreement. As the plaintiff, you are entitled to make the final decision to accept or reject each offer, so you, too, play an important role in what happens once an initial offer is made.
Once a settlement offer is accepted, the at-fault party has a limited time to remit payment to the law firm handling your case. The law firm will deduct their agreed-upon fee (typically a percentage of your settlement amount), and the remainder will be remitted to you.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientGet Help Understanding the Deposition Process
While a settlement can be made at a deposition, you need to determine if it would be a fair settlement. If you or someone you love was injured in a negligence-based accident, you could be entitled to fair compensation. Filing a claim with an insurance company or a lawsuit could mean you are subjected to a deposition.
In many cases, a personal injury settlement can be made at or after a deposition. At Laborde Earles, we will explain the deposition process and how it can affect your case.
We can help you hold a liable party accountable through a personal injury trial if necessary. Contact one of our team members to get started today.
