What Happens After a Deposition in a Tampa Car Accident Case?
April 10, 2024 | Winters & Yonker Personal Injury Lawyers | Car Accident
What happens after a car accident deposition? Well, a lot of things do. If you are already at the deposition stage or close to it, you must have already filed a car accident lawsuit.
That doesn’t necessarily mean you have to abandon all hope of settlement, of course. One of the main uses of a deposition is to use it to squeeze a generous settlement offer out of a previously stubborn negotiating opponent.
How Long Does a Car Accident Deposition Take?
A deposition is typically a grueling and exhausting experience. A deposition in a car accident settlement can take a few hours, perhaps even a few minutes, or it can take several days. The most important determining factors are usually the seriousness of the injuries and the amount of money at stake.
What Happens Next
A deposition is not the end of a Tampa car accident case unless one of the parties responds by offering an acceptable settlement. Below is a breakdown of subsequent activities.
Review and Analysis of the Deposition Transcript
Both sides will review the transcript to eliminate typographical errors and any misrepresentations of the testimony offered.
Follow-Up Discovery
Depositions are part of a larger evidence-gathering process called pretrial discovery. After depositions are complete, lawyers might continue with pretrial discovery in the form of, for example, written interrogatories to the other side or depositions of other witnesses.
Settlement Discussions
Once pretrial discovery is complete, the parties are likely to possess all of the evidence they are ever going to have. The impulse toward settlement is particularly strong because they do not anticipate uncovering new evidence.
Each side may be forced to reevaluate their case strategy. Indeed, serious settlement negotiations often begin and end at this point. If negotiations are making no progress, the court might pressure the parties to mediate their dispute.
Pre-Trial Motions
At this stage, the parties might issue pre-trial motions, which are requests for a court to do something. The defendant might ask the court to issue a summary judgment in their favor, for example, or either party might seek to suppress some of the evidence as inadmissible.
Trial Preparation
If the trial date is looming, your lawyer will need to prepare your witnesses and create evidentiary exhibits to present to the jury.
Trial
Trials involve competitive jury selection and the presentation of evidence by both sides. The parties may call witnesses, including expert witnesses. The outcome of a trial often depends on whose witnesses the jury finds more believable.
Post-Trial
Believe it or not, parties sometimes continue to negotiate a settlement even after the court announces a verdict. This might happen if, for example, one party has strong grounds for appeal but is willing to abandon their appeal in exchange for compensation from the other party.
The Possibility of Settlement
Depositions do not happen unless the victim has already filed a lawsuit. The victim, however, can withdraw their lawsuit at any time in exchange for an acceptable settlement. That is why depositions usually do not lead to trials.
Once both parties sign the settlement agreement, it becomes a binding legal contract. To enforce it, you must file a contract claim, not a personal injury claim.
Yes, You Need a Lawyer
The pretrial discovery process is very difficult to pull off successfully. Even a small error could damage your claim beyond repair, which is exactly why you probably need a Tampa accident lawyer to represent you.
The lawyer will ask you questions designed to evaluate the validity of your claim. You should prepare a list of questions to ask the lawyer as well. If the lawyer offers to take your case, you can be sure they believe they can win it.
After all, unsuccessful personal injury lawyers work for free. Since you only pay attorney’s fees if you win, you have little to lose by scheduling a free initial consultation.
Contact the Tampa Car Accident Law Firm of Winters & Yonker Personal Injury Lawyers for Help Today
For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a car accident lawyer in Tampa today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.
We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:
Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200
Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418
Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988
Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060
Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196
