How Long Does It Take to Get a Settlement After Deposition?
July 24, 2024
If you have a slip and fall, motor vehicle accident, or another type of personal injury case, it’s reasonable to be curious about the settlement timeline. You are likely waiting for this financial recovery after someone caused an accident that led to your injuries and damages.
How long does it take to get a settlement after a deposition? There is no set answer for the timeline for this portion of a personal injury lawsuit. How long after deposition you wait to get your money will depend on the factors of your personal injury case.
Lewis & Castagliola, P.A. is a law firm that specializes in representing victims in personal injury cases. As the deposition process is an integral part of personal injury lawsuits, choose a personal injury lawyer with a strong track record in resolving intricate legal issues. This informative blog post delves into how long after a deposition you may need to wait to get your compensation.
What Is a Deposition in a Personal Injury Case?
Depositions are sworn statements that are provided under oath by witnesses in personal injury cases. The information provided in depositions can be used for evidence in personal injury lawsuits.
The deposition is part of the discovery process in personal injury matters. This discovery phase marks the beginning of the case where attorneys on each side introduce the evidence to support their case. How long after deposition settlement figures are agreed upon depends on various factors.
While the discovery phase is at the beginning of these proceedings, it is also the longest portion of a legal case. Civil cases can take a great length of time, even in something as common as a car accident case.
Understanding the Deposition Process in Personal Injury Cases
You will likely be deposed by the opposing party during your case. It can be intimidating, though your lawyer will prepare you on what to expect. It’s important to tell the truth during a deposition as lying under oath can result in contempt of court or charges of perjury.
Even while telling the truth, plenty of plaintiffs become intimidated during this process. You will likely be notified 30 days in advance of your need to provide a deposition, which typically takes place in an attorney’s office or at a meeting room at the law firm rather than at the courthouse.
Judges do not attend depositions and there is no jury, though there will be a court reporter present to swear you in and make a written report of what you say. The court reporter transcribes the questions you are asked followed by your answers.
The information gathered in depositions will usually involve your life and background plus additional information about your injuries and the medical treatments you have received. In your deposition, you will also be asked to give your version of what happened in the accident. You can also expect questions regarding how the accident and injuries have impacted your life, your financial standing, and your ability to perform the duties of your job or career.
How long a deposition takes will vary depending on how many questions you are asked by the other lawyer and the answers you provide. It could take anywhere from 30 minutes to several days for a deposition to be completed.
When Will You Get a Settlement in the Legal Process?
The length of time it takes to get your settlement will depend on the factors of your case. Will a deposition lead to a settlement? It may very well prevent you from having an actual trial if information comes out from witnesses about the other involved parties that makes it impossible for them to carry on their legal strategy.
For example, a witness could have seen the other driver actively texting while driving right before they crashed into your vehicle. After this revelation, you may quickly get a settlement offer for the maximum compensation that you seek from this accident.
However, it may be possible that additional depositions are required to gather all relevant information. Along with other factors, a settlement after deposition could happen within six months. Ultimately, it comes down to being patient, as you could spend several months to a year working up to this point with your attorney. The good news is that you most likely will not need to take your case to trial as a settlement agreement will typically be reached during this phase.
Factors That Can Impact the Length of Settlement Negotiations
Your case timeline and when you get your settlement all come down to the factors of your case. They may play a significant role in the final decision to issue a settlement.
Strength of the Deposition of Attorneys Representing Both Clients
If your legal team has a strong case against the parties involved, it may mean that you reach a settlement more quickly. Sometimes, despite this time-consuming process, attorneys for both sides may struggle to make new revelations through written questions. This would likely mean that a court date will be on the horizon to let a judge or jury decide.
Evidence Available in the Case
New evidence may reveal that the opposing party is fully at fault for these events. Police reports, photos, videos, and other items submitted may make it easier for you to reach a settlement more quickly.
Length of Time for the Process of Deposition
In cases that involve serious injuries and/or multiple parties, a deposition may take much longer. Each attorney may need to call on an array of experts to provide answers about medical history, maximum medical improvement, and accident reconstruction. There may also be other witnesses who must provide a deposition before a case can settle, adding to this timeline.
The Settlement Negotiation Process
Your attorney will not settle for less than you deserve for your case. They will negotiate following the deposition in an attempt to end this matter before heading to court for trial. Rounds of negotiations may follow, and if these figures do not include the full extent of your economic and non-economic damages, you can expect that this process will be lengthier.
Do You Need an Attorney to Get Compensation in Your Case?
There may be some instances where it isn’t necessary to hire a lawyer. However, it’s in your best interest to get legal help from a personal injury law firm.
With legal counsel, you will have someone to represent you from the deposition to the trial in court—if your case goes that far. You have a better chance of settling soon after the deposition, especially when you have hired a lawyer.
If you have questions about your case and want to find out if you have a chance of getting a settlement, contact Lewis & Castagliola, P.A. Our attorneys can provide a free consultation that helps you determine if you should pursue legal action. Contact us to learn more about depositions and what can be expected in your case.
