Catania and Catania | March 13, 2025 | Personal Injury
A deposition has become a massive part of any form of litigation, especially personal injury, and what happens after a deposition sets the stage for what is to come with your case. Usually, attorneys review testimony after deposition to see where a case may stand, inconsistencies, and where to go next. This can affect settlement negotiations even if a case goes to trial. At Catania and Catania Injury Lawyers in Tampa, FL, we know this process can feel overwhelming, which is why we’re here to guide you every step of the way.
In this blog, we’ll explore the essential elements of a deposition and how it may influence the outcome of your settlement.
What Is a Deposition?
A deposition is a procedure in which one of the parties or a witness, under law, gives testimony under oath but outside the court’s precincts. Should the case get that far, this testimony will usually be recorded during the trial. Depositions are common in personal injury cases as one avenue to garner evidence, elucidate events, and establish facts to support or contest liability claims.
According to the National Institute of Justice, depositions involve an attorney posing questions under oath to the deponent, which makes the deposition truthful later on for use at the time of trial or during the pre-settlement stages.
Opposing counsel is afforded the opportunity, through deposition, to analyze a witness’s credibility, determine the origin of an incident, or uncover any discrepancy in the statement made. This will piece together their case against the other client in the best possible light.
What Can Happen During a Deposition?
Depositions are dynamic settings with detailed legal questioning and testimony gathering. Among the crucial things that may happen in a deposition are the following:
Fact Finding
Lawyers will ask for a blow-by-blow account of facts relating directly or indirectly to the case. For instance, a personal injury claim would detail how the accident happened, the injuries caused, and the treatment undergone at the hospital.
Document Review
Depositions can comprise lengthy questions regarding evidence submitted—photos, medical bills, or other supportive papers that comprise the bulk of any case. Attorneys may quickly avail themselves of this opportunity and request an explanation about the evidence’s context, authentication, and other information that will help to prop up the argument or discredit the opponent.
Evaluating Credibility
As the deponent, opposing counsel may closely dissect and examine your statements throughout the deposition process. The opposing attorney will test your testimony’s consistency, reliability, and credibility against some prior statements or evidence. The process is somewhat complicated and was designed to reveal any discrepancies or weaknesses that may make or break your case.
What Happens After a Deposition Is Achieved?
After a deposition is completed, several steps follow, all integral to resolving your case. Under Rule 1-310 of the Florida Rules, out-of-state attorneys participating in a Florida case, including matters involving depositions, must adhere to the regulations governing non-Florida lawyers’ appearances. This ensures compliance with jurisdictional practice rules. The primary actions include:
- Case Analysis: Either party will review the transcript for help or hurt. They may view it as if bad admissions were made or if the testimony helps assist the cause of a case.
- Settlement Dialogue: The proceeding records provide a strong basis for the discussion. Your testimony could be persuasive in influencing the opponents to settle, hoping to secure a reasonably balanced settlement instead of going to court.
- Settlement negotiations: Another vital use of deposition is saving for settlement negotiations. A fellow party may succumb to negotiating satisfactorily through consistent and unfettered evidence.
- Trial Preparation: If a settlement is not solved in a trial, the preparations for trial start. A case should arise based on the deposition transcripts, preparation for witness examination, and assigning the motivation of credibility to the other party.
How Long After a Deposition Can a Settlement Be Reached?
The time it takes to settle after a deposition can vary considerably, depending on the case’s complexity. Various factors influence this timeline, including how clear the deposition was regarding liability or damages, the desire and willingness of both sides to engage in good faith negotiations, and the caseload and scheduling of the court that will decide the case.
Some settlements can be resolved within weeks if the deposition shows clear evidence of the liable party’s fault. In more complicated personal injury cases, it may take months, especially where further investigations or expert testimonies are required.
Everything in a settlement requires patience, and patience is annoying to keep. In many cases, obtaining fair and complete compensation involves diligence. Our personal injury attorneys will keep you informed during this process.
How Can a Personal Injury Lawyer Help You?
For any post-deposition procedure to be navigated successfully and have the most desirable outcome, an experienced personal injury attorney must be on board. These attorneys offer extensive guidance and complete support from preparation through execution, ensuring full representation for their clients.
- Preparation for depositions: The proper preparation will put the individual ahead of any question or situation that may be posed, thereby strengthening the testimony.
- Post-deposition analysis: The deposition transcript can be reviewed to develop strategies to use it effectively.
- Negotiation Skills: A good negotiation can produce a settlement that accounts for all damages, including medical expenses and pain and suffering.
- Trial representation: Strong advocacy is essential for the best possible outcome if a case goes to trial.
Need Help with Your Personal Injury Case?
Do you know what takes place after a deposition? The whole process may be very confusing, and handling the aftermath of it may feel like an overload. You need to take the time to understand your rights and your next steps. You are not alone, and the Catania and Catania Injury Lawyers team is ready to assist you. Combining decades of experience in personal injury, we will fight for your justice and the compensation you deserve. Call us today for a free consultation at 813-222-8656, and let us take over your case.
