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 our experienced Lafayette personal injury lawyers, 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 case 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.
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.
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 | 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.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
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 two years. 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.
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.
ClientHow a Deposition Influences the Direction and Timing of a Settlement Agreement
Depositions are part of the discovery phase of a personal injury lawsuit. They allow personal injury attorneys to gather deposition testimony from involved parties. These formal interviews help shape the legal strategy moving forward.
How Depositions Affect Settlement Talks
A strong deposition can influence the direction of settlement negotiations. It may push the insurance company toward a favorable settlement. Credible testimony and compelling evidence can lead to quicker resolution during the settlement process.
Factors That Impact Settlement Timelines
The willingness of parties to negotiate and external factors like trial availability affect the timeline for settlement. Delay tactics or the need for additional time can prolong the process. Independent settlement negotiations can continue even after depositions end.
Strategic Use of Deposition Testimony
Deposition testimony is admissible evidence and may be used at an actual trial. It helps clarify differences in settlement expectations and strengthens legal arguments. Legal professionals use this information to guide meaningful discussions and potential strategies.
Why Settlements May Be Delayed
Settlement offers may be postponed if more information is needed or if the insurance company disputes liability. The discovery process may be extended to accommodate further review. This creates challenges in reaching a fair settlement quickly.
Preparing for the Deposition Process
Your attorney will help you prepare for questions under oath related to your accident claim. Expect to discuss your medical expenses, job loss, and other damages. Confidently answering questions can support a compelling testimony.
Outcomes After a Deposition
After depositions conclude, both parties evaluate the deposition settlement figures and available evidence. Settlement talks may intensify or pause depending on the balance of evidence. The negotiation process continues based on the strength of the deposition.
Choosing Between Settlement and Trial
A personal injury settlement offers quicker resolution, while a trial may result in maximum compensation. Legal counsel can advise on the benefits of each option. Making informed decisions requires understanding potential claims and legal responsibilities.
Seeking Legal Guidance
Speak with personal injury lawyers to evaluate your case and possible outcomes. A complimentary consultation can help determine a legal strategy. Experienced attorneys aim to reach an acceptable resolution for personal injury clients.
Contact Laborde Earles to Get Help With Your Personal Injury Case
How long does it take to get a settlement after deposition? It could take days, weeks, or months. We know how stressful it can be to fight for compensation after you are injured in an accident. Fortunately, our personal injury lawyers will help you get your settlement as fast as possible.
Laborde Earles 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, then visit our FAQ page to learn more.
