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Will I Have to Undergo a Deposition for My Injury Claim?


Posted On behalf of Pfeifer Morgan & Stesiak on Aug 27, 2021 in Personal Injury

Empty chairs with microphonesThe answer depends on the specifics of your case. It is important to note every case involves a different set of facts and this affects how a case is resolved. That is why it is important to always be prepared for any scenario and hire a lawyer who is also ready.

Our South Bend personal injury lawyers are here to help you pursue the compensation you need after suffering an injury in an accident, including preparing for a deposition if your claim requires it.

Below, we discuss some scenarios in which a deposition may or may not be needed.

When Are Depositions Necessary?

Accident victims who decide to pursue compensation for their damages often do so by filing an insurance claim. Even though you may start off negotiating with the insurance company, you may agree to use alternative dispute resolution to resolve the situation. Generally, when you file an insurance claim there is no need for a deposition.

Usually, the only time a deposition is necessary is when a lawsuit is filed. When you file a lawsuit, one of the first steps is discovery. One of the most important parts of the discovery process is having the injury victim and all witnesses undergo a deposition.

Sometimes injury claims may also be resolved through a process called arbitration, which is like a jury trial in some ways, but usually, the decision is made by one person instead of a jury. While most arbitration cases do not include depositions, as the popularity of this form of Alternative Dispute Resolution grows, more and more arbitrators are requiring depositions.  

However, as most cases are settled and do not make it to trial and do not get resolved through arbitration, a deposition is not always a necessity.

Does Every Case Make it to the Point of a Deposition?

If your case makes it to the point of a lawsuit being filed, instead of being settled, the process of discovery begins. This process may take time, as there is a lot of paperwork that must be completed. That means the date of your deposition may be several weeks after the lawsuit was filed.

Filing a lawsuit does not stop settlement negotiations. This means that while you answer interrogatories and go through other steps in the discovery process, one or both sides may continue trying to negotiate a settlement.

If a date for a deposition is set, but you reach a settlement agreement before this date, you will probably not have to undergo a deposition.

Will I Be Required to Attend a Deposition for my Case?

After a lawsuit is filed, and the process of discovery reaches the point where you are expected to attend a deposition before a settlement is agreed upon, you will be legally required to attend the deposition.

Remember that attending a deposition is not something you go into without preparation. While you will be answering some tough questions from the insurance company’s attorney under oath, you will not be alone.

Your attorney can prepare you for questions so you know what to expect. An attorney can also make objections to questions or ask for clarification.

Be Prepared. Call Us Today

If you or a loved one were injured in an accident caused by someone else’s negligence, you may not know what the process of pursuing compensation may entail, including whether you will have to undergo a deposition.

Our attorneys are here to help you prepare for the legal process and will be with you every step of the way if you choose to hire us to represent you.

For decades, our attorneys have helped injury victims through the legal process and have successfully recovered millions in compensation for numerous clients.

We do not charge you anything up front or while we work on your case, so there is no risk to you.

Call us today at (844) 678-1800