If you’ve decided to file a personal injury lawsuit in New York, your accident lawyer in New York would have undoubtedly given you an overview of the multi-stage process. One of those is the deposition, the process where the parties get to ask each other questions and gather sworn testimony outside of court proceedings. But what comes next?
As a personal injury law firm in NYC, we at Gabriel Law believe that learning about the steps that follow a deposition is a crucial part of preparing the client for the next stages of the case. As such, we’ve made this post to provide you with a brief overview of what to expect following the deposition in a personal injury lawsuit.
What is a deposition?
A deposition is a major part of the discovery process, where each side collects evidence, determines the points of contention between the parties, and assesses witness credibility. A deposition is a pre-trial process where witnesses provide testimony under oath, outside the courtroom. This process is typically recorded and transcribed by a court reporter.
What comes after the deposition?
Reviewing evidence and evaluating the case
Once you’ve gone through the deposition, you and your lawyer will carefully review all the evidence. Actions such as examining the transcript to determine any inconsistencies in the other party’s statements, gathering expert testimony to support your version of events, and determining whether new facts materialized during the deposition are all part of the process.
With all that, your accident attorney will have a pretty good understanding of the strengths and weaknesses of your case. Based on said conclusion, your lawyer will help you decide whether it is best to continue with settlement discussions or whether you should move forward with trial proceedings.
Settlement Negotiations
Once you’ve reviewed your case, you can either opt to engage in a settlement discussion or take the matter to court. If both sides believe that an amicable resolution is still possible, or if one side has already admitted fault and contradicted earlier statements, they may begin settlement negotiations. These negotiations can take the form of informal discussions, mediation, and conferences.
Another factor that might influence the parties to enter into settlement negotiations is the desire to end proceedings as quickly as possible. Negotiations can be settled in a matter of weeks, while trials can take months and sometimes even years to conclude. A combination of one or more of the above-mentioned considerations is why many New York personal injury cases are settled before they reach trial.
Filing and responding to motions
If you have not reached a settlement, either party can file legal motions. If a lengthy trial is not in the cards for either side, they can file a motion for summary judgment. This motion asks the judge to decide on the case based on the evidence presented, without having to go to trial. However, if the case looks like it’s going to trial, the pre-trial motions will focus on facilitating trial proceedings. These include motion to compel, motion to limine, and motion for change of venue.
Preparing for trial
If your case moves to the trial stage, the court will schedule a date for both parties to appear before the court. Before you make an appearance, your personal injury lawyer must create a presentation strategy, prepare witnesses to testify, organize your evidence and exhibits, and prepare you for cross-examination.
Trial, verdict, and appeal
The trial stage is where both parties appear in court and present their arguments before a judge and/or jury. Your deposition testimony will be admissible as evidence during the trial, and it can have a significant impact on the outcome of the trial if there are inconsistencies and contradictions.
Once the evidence has been presented, the judge or jury may present the final verdict. If either party is unhappy with the verdict, they can choose to appeal the verdict, but the party that wants to appeal must show that they have the legal grounds to do so.
Conclusion
The deposition stage is a pivotal part of the trial process, but what happens afterwards is just as significant. From transcript reviews and settlement negotiations to trial motions, following these steps is essential in securing your rights and claiming compensation. At Gabriel Law, we know that each case is different, yet our goal of fighting for you as your accident lawyer in New York remains. Schedule a free consultation with us and gain an ally who will transform your legal problems into triumphs.