Navigating a personal injury case on your own can be overwhelming. The process is filled with challenges that can impact your ability to get fair compensation, from dealing with insurance companies to understanding complex legal procedures. For cases that enter the pre-trial phase, a deposition is typically a part of the discovery process. During a deposition, both sides gather crucial testimony that can shape the outcome of the case with the help of their Bellingham Injury Lawyer. If you are the plaintiff in a personal injury lawsuit that requires deposition, you may be wondering: Do personal injury cases settle after deposition?
A skilled Bellingham injury lawyer can guide you through every step of your personal injury claim from handling paperwork to negotiations, the pretrial phase, and court proceedings, so you can focus on recovery while they fight for the compensation you deserve.
What Is a Settlement?
A settlement is an agreement between the plaintiff and defendant that resolves the dispute. Specifically, the settlement agreement outlines the compensation that will be paid by the defendant to resolve the case. Once all parties have signed a settlement agreement, it becomes a legally enforceable contract.
What is a Deposition?
A deposition is a recorded interview taken under oath during the discovery phase of the pre-trial process. Anything shared during a deposition is “on the record” and can be used against the deposed party during mediation, settlement negotiations, and at trial.
During a deposition, a lawyer will question the individual about their background and the case. The Bellingham injury lawyer representing the plaintiff can object to questions that violate the court rules, such as the “form” of the question, repetition, speculation, vagueness, argumentative, and many other “grounds.” After an objection, the question must still be answered but a judge will later make a ruling if the question and answer can be used at trial. A court reporter transcribes the deposition and before it is filed with the court and used in the lawsuit, each party can review their own deposition. Changes can also be made IF the court reporter made a mistake and misunderstood the answer to a question.
In complex lawsuits that are heading to trial, the plaintiff should expect several people to be deposed, including themselves and the defendant, all witnesses to the incident, and anyone who may have direct knowledge about the incident. Expert witnesses are typically deposed whether or not the case goes to trial.
Ask a Bellingham Injury Lawyer: Do Personal Injury Cases Settle After Deposition?
After deposition in a personal injury case, the parties may wonder if a settlement is just around the corner. The answer is: it depends. Deposition can be a turning point where both sides gain a clearer understanding of the strengths and weaknesses of their case, which can push negotiations forward and lead to a quick settlement. Some cases continue on to mediation and even trial.
Mediation:
If a settlement is not reached after deposition, the case may move to mediation. Mediation is a form of alternative dispute resolution that is encouraged, but not required for civil cases in Washington State. There is no specific timeframe for cases that continue into the mediation phase after deposition; it mostly depends on the outcome of the depositions and how many are required.
During mediation, a neutral third party, usually an attorney, helps to facilitate an informal and cooperative conversation about the case with the goal of helping both sides negotiate a resolution. Mediation is favored by plaintiffs, defendants, and judges because it can be an effective tool for resolving disputes when settlement negotiations stall.
Trial:
If the case cannot be resolved through mediation, your case may go to trial. Your Bellingham injury lawyer will keep you informed about what to expect during trial, including courtroom etiquette and how the trial process works. In the typical trial process, you can expect jury selection, opening statements, witness testimony, cross-examination, closing arguments, jury deliberation, and a verdict. If the judge or jury reaches a verdict in your favor, your attorney will pay any liens against your settlement (such as medical providers), legal fees, and case expenses. The remaining settlement is then issued to you, which officially resolves the lawsuit.
Seek the Help of a Personal Injury lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing people injured in Whatcom County, Skagit County, Island County, and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
