In part one of this two-part series on depositions in car accident liability cases, we looked at some of the ways plaintiffs can prepare for these important sessions and what to think about during them. Plaintiff performance during a deposition can often be very important for the case at hand, and ensuring you're up-to-speed on all relevant details is important.
At the offices of William Rawlings & Associates, we're happy to offer quality car accident attorneys for clients around Draper, Salt Lake City, Provo and nearby areas of Utah. Today's part two of our series will shift gears a little and look at the important next steps that come after you've finished giving deposition testimony, plus what you and your attorney will be thinking about moving forward.
Every deposition will feature the presence of a court reporter, who will transcribe the entire session and create a court-admissible transcript. They will usually do so via use of a stenotype—a device not unlike a typewriter that uses an alphabet of phonetic symbols to capture speech. The transcript generated from this will be the official record of all that you said in the deposition, and it can be used later on if needed for testimony or other legal purposes.
Once the transcript has been created, attorneys from both parties will look over it and make sure that there are no errors or inconsistencies. This process ensures that the transcript is accurate, so that when and if it's used later on there won't be any confusion.
Once this has happened, the transcript moves one step closer to being legally admissible.
Depending on several factors, including the severity of your injuries, the court may require you to submit to a medical exam. This is important for several reasons - first, it will provide additional evidence as to the nature and extent of your injuries, which can be helpful in assessing damages. Second, if your injury requires ongoing care and treatment, this will help establish that continuing care is necessary.
Now, how this care is acquired is very important to think about. If you go through your insurance company, for instance, remember that this entity may be biased - they are looking out for their own interests and may not always be looking to provide the most beneficial care. As a result, it may be better to request independent medical exams from third-party providers who can provide an unbiased assessment.
Your attorney will be able to help you navigate this process and ensure that all necessary documents are filed properly so that your case can move forward.
In some cases, such as if medical examination reveals that your injuries may have been caused by a third party, you may need to give additional depositions. Your attorney will be able to advise on whether this is necessary and how best to proceed.
Once both parties have agreed that no further depositions are necessary, the next step in the process will be for them to attempt to reach a settlement through mediation. This is a voluntary process in which both parties meet with an independent mediator who works towards finding an agreement that is mutually beneficial.
The goal of mediation is to avoid going to court and having your case decided by a jury. It's an opportunity for both parties to discuss the details of their respective cases and negotiate in a way that both sides may be satisfied with. Your attorney can provide you with guidance on how best to prepare for this important step.
Most car accident injury cases are able to be settled during mediation, however if an agreement can not be reached, then the case will proceed to trial. Your attorney will have advised you from the beginning of the process about what kind of settlement they believe to be fair and reasonable, and they will also be able to advise you on whether or not the offer proposed in mediation is appropriate for your case.
In any case where a settlement cannot be reached during mediation, the case will proceed to trial and a jury will decide who is liable for the accident. At this point, all of the evidence collected and testimony given during depositions will be used to help prove your case. It is important that you have prepared thoroughly and presented yourself well in any deposition or medical examination prior to trial, as this evidence will be used to support or refute your claims.
Your attorney will provide you with advice and guidance throughout the trial process, and help ensure that your best interests are being served. They will also be able to advise you on when it may be appropriate to accept a settlement offered by the other party, and when to continue fighting in court.
Depending on the outcome of the trial, either party may wish to appeal if they are not satisfied with the verdict. This process is often complicated and costly, so it is important to discuss all your options with your attorney before deciding whether or not to proceed.
At the offices of William Rawlings & Associates, we have extensive experience in handling car accident injury cases and can help guide you through the entire process. Contact us today to learn more about how we can help you with your case in Draper, SLC, Provo or any other part of Utah.