what happens after a deposition in your case and how long to settle
Article Updated: January 18, 2022
How Long After a Deposition is Settlement ?
I accept been asked this question at least 100 times. It's a off-white question.
However, first you lot should be asking, can a degradation lead to a settlement in my case?
Either way, I have you covered. Keep reading to go answers to both questions, and more, regarding depositions and how they relate to settlements in personal injury cases.
What Are the Possible Outcomes Later a Degradation?
After a degradation a few things can happen. Namely, those things are:
◊ More than discovery and investigation
◊ Additional deposition(south)
◊ Mediation
◊ Settlement conference
◊ Trial
I did that in chronological order of what is probable to happen and in what sequence.
I did leave out the possibility of the example existence thrown out after a deposition. Technically, that should be on the list as it's a possible upshot later a degradation.
However, it's not likely or typical, so I did not include it. I would call the case beingness thrown out a possible just non reasonably likely outcome after a degradation.
Can a Deposition Lead to a Settlement?
The brusk reply to the question of whether a deposition can lead to a settlement is yeah, a degradation can absolutely pb to a settlement.
Merely when clients ask this question, they really hateful to ask something else. They mean to ask whether a deposition volition lead to a deposition in their specific instance.
Remember, when yous're speaking with a lawyer, y'all must be precise. If you ask the question generically, your lawyer will answer theoretically, and that won't help you.
Practice All Personal Injury Cases Settle After Deposition?
The reply to this question, as to whether all personal injury cases settle after deposition, is a resounding no.
If that were true, I wouldn't have all the jury trial feel that I accept.
100% of my deposition experience has been with personal injury cases for the by ten+ years. In each of those cases that went to trial, my client was deposed. Nonetheless, the case did not settle.
Statistically, every case has a 98%+ likelihood of settling. Then you could contend that nearly all personal injury cases settle after deposition.
Information technology would be fair to extract from that the reality that your case, too, volition likely settle after a deposition.
How and when that will happen, I'll get into below.
How Does a Deposition Lead to a Settlement?
This question – how does a deposition lead to settlement? – strikes at the heart of the issue. The respond is three-fold, and so I'll discuss each function in turn.
Deposition Can Lead to a Settlement if the Accused Testifies Poorly
The all-time example of this I can think of is a commercial truck collision case I had. I noted the degradation of the company, and was cross-examining the company witness to decease.
It got so bad that the witness was excused from the room, and the defence force lawyer and I had a private chat. Therein, he asked me to end the deposition so we can immediately schedule formal settlement talks.
I agreed, and the case settled for $one,700,000 about a calendar month later on.
When I was packing up at the end of that deposition, afterward the the defense lawyer left the room, the court reporter who was recording the deposition told me that she hadn't seen a beat out downwards like that in a long time.
But retrieve, this tin can cut both means, which takes me to the next section.
Deposition Can Lead to a Settlement if You Testify Well
If you lot perform well at your deposition, it can lead to a settlement in your favor.
Conversely, if you perform poorly in your degradation, it can lead to a bad settlement for you.
Here's just a few measures of deposition performance that can lead to a settlement (in your favor):
◊ You exercise non contradict yourself
◊ What y'all say correlates to what's in the medical records
◊ Your symptoms friction match your formal diagnosis (this is a big ane)
◊ Your testimony does not conflict with other witness testimony
◊ You are humble
◊ You do not battle with the defense force lawyer
That's just depression-bearing fruit, in terms of items on the list.
I study deposition technique a lot, and have a private checklists with pages of "do's and don'ts" I share with clients to make sure they do well.
I trust your lawyer did the same for you, right??
Degradation Leads to a Settlement Because it Checks an Insurance Box
This one, I would argue, but applies in car standoff cases.
Most insurance adjusters have a checklist that they live off of. In the car collision earth, that checklist includes a degradation.
How do I know? Multiple in-firm counsel (lawyers who are straight employees of an insurance company who practise insurance defense for a living) disclosed this to me.
Those were all motorcar collision cases / defence force lawyers. I've never heard this use outside of car collision cases.
This means the defense lawyer will not have permission from the insurance adjuster (who, by the way, is the one actually pulling the strings, non the defense lawyer) to settle your case until that adjuster has her or his boxes all checked.
Your lawyer needs to sniff this out. There were times when after filing a lawsuit, when my client wanted to settle ASAP and after I figured this out, I would push to go my client deposed correct out the gates.
Once the deposition is washed, that magic box is checked, and existent settlement discussions can happen.
Can a settlement be made at a deposition?
Yeah, a settlement tin can be made at a degradation, just I would say that is well-nigh impossible.
I spend days preparing for depositions, fifty-fifty in every mean solar day car collision cases. Afterward doing all that training, when I bear witness upwardly the morning time of the degradation, I'grand going to take that depo unless the settlement offer is contingent on me not taking the deposition.
Again, I have a few hundred depositions nether my belt and have never seen or heard of this happening.
I'grand sure that there's a example where a settlement was made at a degradation, but that example was an bibelot, or blue moon occurrence.
How Long Does Information technology Take to Go a Settlement Later on a Deposition ?
And that brings us full circle to where you started, with the original question of how long it will take y'all to get a settlement afterwards a deposition.
The curt respond, you at present know, is it will depend on the strength of your case, your case type (car accident, medical malpractice, etc.), and how well yous performed at your deposition.
If I mapped out the boilerplate location on a agenda (within a scheduling gild's discovery phase) of when the plaintiff is deposed in conjunction to the trial engagement, I tin can give you a decent range of how long it takes to get a settlement after a deposition.
For car collision cases, I would answer, as to how long it takes to get a settlement after a deposition, that information technology takes about four months. That would exist for run of the manufacturing plant vehicle collision cases.
In medical malpractice cases, I would advise y'all exercise non ask how long it takes to become a settlement subsequently the degradation. Instead, ask how long before the trial date will you become a settlement. On this point, I would say the reply would be an average of 3 months before or from your trial.
For clarity, I'm distinguishing between a "settlement offer" and a "final settlement".
Settlement offers are all over the place. They are largely meaningless, however, every bit they are testers and feelers to see where the other side is in their desire to settle.
You most likely had a settlement offer earlier your deposition. All the same, you lot did not get a "final settlement," which I suggestion is synonymous with the non-lawyer use of the word "settlement."
Summary of Degradation & Settlement Timing
To now know if your case will settle after a deposition, you must evaluate:
- Chances of Beingness Re-Deposed
- How Poorly Defendant Testified
- How Well Yous Testified
- What Type of Case You lot Take
Based on those factors, you can go a decent idea of how much longer y'all'll need to expect after the deposition before your instance settles.
Settling Your Instance After a Deposition
If you're reading this, I would hazard a guess that you recently were deposed.
I'm sure you did well, and I'm rooting for y'all to recover a substantial settlement now that you've completed your deposition.
May justice prevail in your case.
Warmly,
Reza Davani, Esq.
State Bar No.: #1212110211
Federal Bar No.: #30168
Cellphone: (301) 922-4598
Electronic mail: reza@nursinghometruth.com
Article Writer
This nursing home and medical malpractice article was written by Baltimore, Maryland nursing home attorney Reza Davani, Esquire. Mr. Davani received his Juris Doc degree from a Tier 1 law schoolhouse, the University of Maryland Francs King Carey Schoolhouse of Constabulary. He received his kickoff license to practice constabulary from the Country of Maryland'south Courtroom of Appeals (Dr. State License No. 1212110211), and just 4 months afterwards received a federal law license from the U.s. Commune Court for the Commune of Maryland (Federal License No. 30168).
Mr. Davani has been practicing law for over 10 years. He began practicing law past helping clients equally a sanctioned pupil lawyer before receiving his law license, and second chaired his first jury trial in federal court earlier even graduating police school. He is a registered member of the Maryland Association for Justice (MAJ), theAmerican Bar Association (ABA), the American Association for Justice (AAJ), and was formerly on the MAJ's Legislative Leader's Circle.
Mr. Davani has taken over 20 cases to trial in state and federal court, and favorably settled well over 100 cases for injured victims. He has personally helped his clients recover over $15,000,000 in personal injury, medical malpractice, and nursing dwelling house abuse settlements and verdicts in Maryland and other states. He is defended to fighting for justice, and welcomes the opportunity to assist you.
Personal Injury Lawyer Nearly You in Maryland & Beyond
I tin help y'all anywhere in Maryland, including Allegany Canton, Anne Arundel County, Baltimore Urban center, Baltimore County, Carroll County, Calvert County, Caroline County, Cecil County, Charles Canton, Dorchester County, Frederick County, Garrett Canton, Harford County, Howard County, Kent County, Montgomery County, Prince George's County, Queen Anne's County, Somerset County, St. Mary's County, Talbot County, Washington County, Wicomico County, and Worcester Canton.
I have helped clients in over a dozen jurisdictions, including California, Delaware, District of Columbia, Georgia, Illinois, Iowa, Massachusetts, Maryland, Mississippi, New Jersey, New Mexico, New York, Northward Carolina, Pennsylvania, South Carolina, Washington, and Virginia.
I assistance injured victims nationwide in all fifty states on a instance-by-case ground via Pro Hac Vice.
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