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What Happens After Deposition In A Personal Injury Case?
The deposition is one of the most essential parts of preparing your claim for compensation. This is when you are interviewed by the opposing attorney, and a court reporter records the answers.
Once the deposition is completed, the court reporter will take the recording and print out the entire exchange. This is an official document that both sides of the case will use.
What Happens Next?
You will receive a copy of the deposition for you to review. Make sure that you look for any inaccuracies. If you answered a question wrong, make a note of it to provide to your lawyer. Once the review is completed, this will become official evidence in the case.
Based on what the information states in the case, one or more of the following may happen:
More Interviews Will Be Conducted
If the information that you provided is not enough to establish how the accident happened, either attorney may request that additional people be interviewed and deposed so that a full picture of the event can be established.
You Will Be Asked To Have An Independent Medical Exam
The insurance company may want you to go to a doctor of their choice to have a medical exam so they can get an additional point of view on your injuries and recovery. This will be a doctor that they select.
This is very common. Your attorney will prepare you for what to expect and what to do and not do during the exam.
Once all of these tasks have been completed, your attorney will create a Demand Letter, and this will begin the negotiation process. The insurance company rarely accepts the first demand and will counter the offer immediately.
The negotiations will continue until either a fair settlement is reached or the case is taken to trial. Almost 98 percent of all cases settle out of court.
If your case is settled out of court, the insurance company has 30 days to send the payment to your attorney for the settlement amount. Once the settlement check arrives, your attorney will pay all of your outstanding bills, including your legal fees. This can take between 30 and 45 days, depending on how quickly all parties respond to the request for a final bill.
The initial check will be addressed to you and your attorney. You will have to sign over the check to the lawyer so that the case can be completed. Once all of the debts are paid, the law firm will issue a new check for the remaining balance. This is your settlement.
If your case goes to trial and you are awarded a settlement, the time frame to receive payment may be extended. However, once payment is received, it is handled the same way as if you settled out of court.
Once you receive your final check, the case is officially closed. At that time, the insurance company is no longer held responsible for your medical care or any other losses you may incur in the future as a result of your injury.
If you have any questions about the personal injury compensation process, make sure to ask your attorney during any of your meetings.