What Happens After A Deposition In A Personal Injury Case?

So, you’ve just finished your deposition in a personal injury case. First off—nice job getting through it. That’s not an easy thing, and it’s a big step in the process. 

But now you might be wondering, “Okay… now what?”

In this post, we’ll shed some light on what happens after a deposition in a personal injury case.

#1 The Deposition Transcript Is Prepared And Reviewed

After your deposition wraps up, the court reporter takes all that back-and-forth talking and turns it into a written transcript. It’s basically a word-for-word script of what everyone said. 

This can take a little time, usually a couple of weeks depending on the length and complexity.

Once it’s ready, both sides get a copy.

Your attorney will review this transcript carefully. They’ll look for any inconsistencies or things that might hurt your case. This is also when they make sure the other side didn’t twist anything you said.

If something’s off, they can take action, like asking for corrections.

#2 Attorneys Reevaluate The Case Strategy

Now that the deposition is in the books, it’s time for a little strategy session. 

Both the defense and the plaintiff’s attorneys will look at how things are shaping up. They’ll go over the deposition transcript, the evidence, and the other details of the case. 

Also Read: Is It Worth Hiring a Personal Injury Attorney?

This is where things can get interesting.

Your lawyer may realize they need to change the way they’re approaching the case. Maybe there’s new info they didn’t have before, or maybe your opponent’s arguments are weaker than expected. 

Either way, they’ll tweak their strategy to make sure they’re giving you the best shot at winning.

#3 Discovery Phase May Continue

After the deposition, the discovery phase might keep going. 

Discovery is when both sides share all the information they have. Sometimes, after a deposition, one side might realize there’s more to uncover. 

This could mean more interviews, document exchanges, or depositions.

Even if most of the discovery is done, it’s common for new questions to pop up. For example, your attorney may want to ask more about the other party’s background or dive deeper into certain records. 

#4 Settlement Negotiations

Now that both sides have a clearer picture of how things are shaping up, this is often when settlement talks start to heat up. Or, if they’ve already started, they might pick up some steam.

Depositions can be a reality check for both sides. 

Sometimes, the insurance company sees that your case is strong and decides it’s better to settle now than risk losing at trial. Other times, your attorney might suggest pushing harder for a fair offer, especially if you came across well and your story is solid.

It’s not unusual for offers to come in shortly after depositions are done and transcripts are reviewed.

It doesn’t always mean the case will settle right away—but the conversations usually start getting more serious around this point.

Also Read: Are Personal Injury Settlements Public Record?

#5 Pre-Trial Motions

If a settlement isn’t reached, the case moves closer to trial. Before that happens, both sides might file pre-trial motions. 

These are requests made to the judge about certain issues in the case. They could be about evidence, witnesses, or the legal arguments being used.

For example, your attorney might file a motion to exclude certain pieces of evidence if they believe they’re unfair. Or, they could ask the judge to dismiss part of the case if the law isn’t on the other side’s side.

Pre-trial motions help the judge shape what will and won’t be allowed at trial.

#6 Trial Preparation (If No Settlement Is Reached)

If the case is still going after all the motions, it’s time to prepare for trial. This is when things get serious. There’s a lot that goes into prep including:

• Creating exhibits and evidence packets
  
• Preparing opening and closing statements
  
• Meeting with expert witnesses
  
• Going over your testimony again

Your lawyer will likely walk you through what to expect in court. They’ll practice questions with you, help you feel comfortable, and make sure you’re ready to go. 

They might even bring in mock trial elements to simulate the courtroom experience.

#7 Trial (If Necessary)

If everything else fails to resolve the case, then yes, trial is the final step. 

At trial, both sides present their case in front of a judge or jury. They’ll go over the evidence, bring in witnesses, and try to tell a strong, persuasive story. You might be called to testify again, but by this point, you’ll be well-prepared.

It’s a lot of back and forth. Your attorney will ask questions, and the other side will do the same.

Once everything’s said and done, the judge or jury decides the outcome. They might rule in your favor and award compensation—or not. 

It can be stressful, but the good news is that most personal injury cases actually settle before getting to this point.

Also Read: Do Personal Injury Cases Settle After Deposition?

How Long After Deposition Is A Case Settled?

This is one of the most common questions, and honestly—it depends. 

Some cases settle just a few weeks after depositions. Others take a few months. And some keep dragging on until trial is right around the corner.

The biggest factors that affect how fast your case resolves after deposition is:

• How strong your deposition was
  
• How much disagreement there is about who’s at fault or how badly you were injured
  
• How motivated the other side is to avoid trial

If both sides are open to compromise and the facts are pretty clear, things can move fast. But if there’s a lot of back-and-forth, expect a longer timeline.

Bottom Line

After the deposition in a personal injury case, things keep moving. The transcript gets reviewed, strategies shift, and settlement talks might start. There are motions, more discovery, and sometimes even a full trial.

It can feel like a long road, but your lawyer is with you, every step of the way.

Stay patient, trust the process, and remember that the goal is to get the best outcome for you.

FAQs

How Long After Deposition Is Mediation?

Mediation usually happens a few weeks to a few months after a deposition. It depends on how long it takes to review the transcript and how ready both sides are to talk settlement. 

If things are moving quickly, mediation can happen pretty soon after. But if more discovery is needed, it might take longer.

Can A Case Be Dismissed After Deposition?

Yes, it can. If something comes out during the deposition that seriously weakens one side’s case (like contradicting evidence or a lack of proof) the other side might file a motion to dismiss. 

The judge then decides if the case still has enough to move forward.

How Do You Know If Your Deposition Went Well?

You’ll usually get a sense from your attorney. If you stayed calm, answered honestly, and didn’t get tripped up by tricky questions, that’s a good sign. And if the other side starts talking settlement soon after, chances are your deposition made a strong impact.