You’ve been through a lot with your personal injury case. Now you have to face a deposition, where you tell your side of the story under oath. How will this affect your chances of getting the compensation you deserve? What happens after you give your testimony? In this article, we’ll walk you through the next steps and how they can impact your claim.
What Is a Deposition?
A deposition is not just a casual interview. It’s an important step in the pre-trial discovery phase. During a deposition, the other lawyer will question you about various aspects of your case, and you’ll have to answer under oath. Your answers are documented and can be presented as evidence in court. Your deposition is your official statement, with the goal of arriving at what truly happened during.
In Georgia, the deposition process has certain rules and procedures. Usually, you’ll be in a room (or zoom) with your lawyer, the other lawyer, and a court reporter who transcribes the session. You’ll be asked questions that cover everything from basic personal information to complex details about the incident in question. Remember, your responses are on the record, so it’s important to answer honestly and clearly.
Now that we know how the deposition process works, let’s see what happens right after your deposition—the making of the transcript.
What Happens After Deposition in a Personal Injury Case?
Deposition Transcript
When the deposition ends, a court reporter will create an official record of all the spoken words. This can take a long time—sometimes several weeks. The lawyers of both sides will get a copy of this record. Your lawyer has to check it carefully to make sure it matches what was said during the deposition. If there are any mistakes, corrections can be made to fix the record. This is done using an errata sheet.
After the record of your deposition is made, the next step is an Independent Medical Examination (IME), if needed.
Independent Medical Examinations
After the deposition, you may have to take an independent medical examination (IME). There could be several reasons for this:
- An IME is more likely if your case involves physical injuries.
- An IME is done by a doctor who is not your regular provider.
- An IME is meant to give an unbiased opinion of your injuries, which can either support or challenge your claims.
In Georgia, an IME can make a huge difference in your case, so you need to be careful.
Possible Outcomes After Your Deposition
After you give your testimony and any IMEs, you can choose from several paths:
- Mediation: Mediation is a method where a neutral person helps both sides agree. This person is often a lawyer or a former judge. In Georgia, mediation is a popular way to stay out of court. It’s less formal, less costly, and quicker than a jury trial.
- Settlement: Sometimes, the other party may offer to settle after the deposition. This may happen if the deposition shows strong proof for your claims. A settlement can end your case sooner but may require you to accept less money.
- Trial: If you can’t settle through negotiation or mediation, then your case may go to a jury trial. At this point, the deposition record and any medical evidence are very important. The jury will look at all the evidence and decide the outcome.
A skilled personal injury lawyer can help you make the best decision for your case.
Get Justice With an Atlanta Personal Injury Lawyer
A personal injury case can be stressful and confusing. After giving your testimony in a deposition, you face a tough choice: do you go for mediation, take a settlement, or go to court? Each option has its benefits and drawbacks, and you need to figure out what’s best for you.
At Flanagan Law, we care about you and your case. We have the skills and the knowledge to help you navigate the legal system and deliver the justice you deserve. We’ll listen to your story, answer your questions, and work with you to get the best result. Don’t delay—contact us now to learn how we can help.
Not ready to schedule a consultation? Discover more helpful tips and best practices for your case. Read The Complete Guide to Personal Injury Cases in Atlanta.