It can take days, weeks, or months to get a settlement after a deposition. The timeline for receiving, reviewing, and accepting a settlement offer depends on the facts surrounding your case. Sometimes, legal issues arise, preventing a plaintiff and a defendant or their insurance company from reaching an agreement.
Request legal help to learn more about settlement timelines in personal injury lawsuits. Consult with experienced personal injury lawyers in Lafayette who will evaluate your case and discuss your legal options with you. They can then provide insights into how long it takes to get a settlement after a deposition.
What Happens During a Personal Injury Deposition?
Depositions are part of a larger process called the discovery phase, where each side of a personal injury dispute is made aware of the strengths of the other side’s case. They give personal injury lawyers for each side a chance to question the deponent (the person being deposed). The questions you are asked may cover:
- You, your background, and your medical history
- The accident and what happened beforehand or afterward
- Your injuries and their severity and treatment costs
- Your job, income, and the time you miss at work due to your injuries
Your lawyer will explain the types of questions you can expect and the deposition process. For instance, if you are involved in a car accident and suffer an injury, your car accident lawyer in Lafayette will help you prepare for your deposition so you feel confident answering questions about your accident and injury.
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.
ClientCan My Lawyer Be with Me During My Deposition?
While you are not required to have a personal injury attorney represent you, having one can provide significant support for you and your case. When a lawyer handles your case, they will be present when you are deposed. They will encourage you to answer each question directly, providing reassurance during this challenging process.
Before your deposition, a court reporter will swear you in since you will answer questions under oath. The court reporter’s role is to accurately record all the questions and answers during the deposition.
Others who might be present include the defendant, their representative, and a videographer. If needed, a language or sign language interpreter may be present.
As part of the legal process behind depositions, your lawyer may object to a question you are asked if it is irrelevant, misleading, or if it invades your privacy. If they do, their objection may be dealt with later in court. They might also instruct you not to answer certain questions and encourage you to limit the information you share.
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 Happens After Your Deposition?
A deposition can take hours or days. After it is done, the court reporter will transcribe the session and provide copies of the transcription to you, your lawyer, the defendant, and their attorney. There is no telling how long it will take to receive a settlement offer after a deposition, and there are many things that can disrupt settlement negotiations, including:
More Information Is Required.
Additional depositions may be necessary if either side needs more information. The other party’s representative may question accident witnesses, medical and accident reconstruction experts, and first responders at the accident scene. Interrogatories (written questions and answers) could also follow your deposition.
The Discovery Phase Is Extended.
A judge may choose to extend the discovery process. This gives your personal injury attorney and the defendant’s lawyer extra time to conduct depositions and gather evidence. As the legal process moves forward, it can sometimes be tough to get a fair settlement offer in the immediate future.
The Defendant or Their Insurance Company Is Unwilling to Negotiate.
It takes two parties to negotiate a settlement. If a liable party or their insurance company does not make a settlement offer, there is nothing for you and your lawyer to review. Instead, you and your attorney can keep working together, searching for ways to strengthen your case further. Negotiations can involve back-and-forth communication between your lawyer and the other party’s representative, with each side making and responding to settlement offers.
Just because you are deposed does not automatically mean you will receive a settlement offer. If you are unsure about whether to settle or go to a trial for a personal injury, meet with your attorney. Next, your lawyer can explain settlement timelines and help you weigh the pros and cons of settling versus bringing your case to trial.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Can Your Deposition Be Used at a Personal Injury Trial?
A personal injury case will rarely go to trial, but if it does, the information from your deposition can be used by both parties. Representatives for each party will review the accumulated evidence and determine whether a trial is the appropriate outcome. The negotiation process can continue until your trial gets underway.
You can receive a settlement proposal at any point during your litigation. There are even times when a settlement can be made at a deposition. With a settlement offer, it is best to review the proposal with your attorney.
Listen to what your lawyer says about a settlement proposal. They can help you make an informed decision about a settlement. You can use your attorney’s insights to decide if it is in your best interests to approve an offer or continue to negotiate a settlement agreement with the at-fault party or their insurer.
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.
ClientWill I Get More Money If I Settle or Bring My Case to Trial?
The types of financial recovery you are entitled to receive will not change, regardless of whether they are negotiated or determined by a judge or jury. Your evidence, witness testimony, and other proof can impact how much you get in your injury case. Generally, a personal injury lawyer will demand monetary recovery for many reasons, such as:
- Current and future medical bills
- Current and future loss of income
- Property damage or destruction
- Physical disability or disfigurement
- Ongoing physical pain and suffering
- Ongoing mental and emotional anguish
- Wrongful death damages, if applicable
According to Louisiana Revised Statutes (RS) 23:1209, the statute of limitations for an injury claim is one year. Set up a legal consultation with a lawyer as soon as you can after your injury. Next, your attorney will accurately value your damages and file your injury claim.
Want Help with Personal Injury Claims?
We know how stressful it can be to fight for compensation after you are injured in an accident. Fortunately, personal injury lawyers will help you out. They will collect evidence, go step by step with you through the legal process, and help you secure a reasonable settlement after your deposition.
Laborde Earles Injury Lawyers has recovered over $1 billion in damages for our clients. Let us help you get ready for a deposition and negotiate a settlement on your behalf. Contact us today to request a case consultation.
