Once your deposition is over, you might wonder, What happens in a personal injury lawsuit after the deposition? The legal process doesn’t stop after you give your testimony. In fact, several critical steps follow, each one shaping the outcome of your case. Your attorney will handle these legal maneuvers, but knowing what to expect can help you feel more confident and informed.
Virginia personal injury attorneys guide clients through each stage with a clear strategy. From collecting new evidence to fighting lowball offers, they handle the heavy lifting. If you’re in the middle of a lawsuit or thinking about starting one, reach out to a local personal injury attorney for a free consultation. That first conversation can lay the groundwork for a stronger case.
The discovery phase continues beyond your deposition
Depositions are just one piece of the discovery puzzle. The discovery phase involves exchanging information between parties and building the facts of the case. After your deposition wraps up, attorneys keep digging for supporting evidence, expert insights, and detailed records to strengthen your claim.
Additional discovery methods still in play
Even after your own statement is on record, discovery continues in a few important ways:
- Expert witness depositions: Lawyers often take the sworn testimony of medical professionals, accident analysts, and other specialists. These individuals help explain complex details about your injuries and how the accident happened.
- Medical record requests and reviews: Attorneys continue gathering and reviewing medical records to prove the nature and extent of your injuries.
- Accident reconstruction analysis: Some cases need detailed simulations or models to show exactly how an accident unfolded, especially when liability is disputed.
- Economic damage calculations: Financial professionals may be brought in to calculate the cost of missed work, future wage loss, or the price of long-term care.
Timeline expectations for remaining discovery
Discovery doesn’t end quickly. Virginia courts usually set a schedule to keep the case moving, but that doesn’t always mean things move fast.
- Typical duration in Virginia courts: Most discovery phases last several months, sometimes up to a year.
- Factors that can extend or accelerate the process: Medical treatment delays, uncooperative defendants, or slow responses from outside witnesses may stretch the timeline.
- Court-imposed deadlines and scheduling orders: Judges often require both sides to stick to a set calendar. Missing a deadline can hurt a case, so attorneys work hard to stay on track.
What happens during the expert witness phase?
Expert witnesses often shape how insurance companies value your case or how juries view the facts at trial. These professionals give technical opinions based on their knowledge and experience in their field.
When are expert witnesses necessary?
Certain types of cases benefit from opinions that come from someone with detailed insight into your injuries or losses:
- Medical professionals explain what injuries you’ve suffered, what caused them, and how they may affect your life long-term.
- Economists estimate wage loss and the financial impact of the accident.
- Accident reconstruction analysts break down how a crash occurred and who was at fault.
- Life care planners assess the future cost of ongoing medical care in severe injury cases.
How expert depositions differ from yours
Depositions of expert witnesses don’t look like yours did. These often include highly technical discussions and can feel more like a debate between attorneys.
- Technical nature of testimony: Experts use medical or scientific terms that need explanation for a jury.
- Challenges to qualifications: Attorneys may try to show the opposing expert is unqualified or biased.
- Battle of opinions: When both sides use different experts, each may offer completely opposite views. This back-and-forth plays a big role in shaping the outcome.
Your role during expert witness proceedings
Clients usually don’t need to attend these depositions. However, your attorney will review the results with you and explain how the testimony affects your case.
- Limited involvement: You won’t be expected to appear or participate.
- Reviewing reports: Your attorney may ask you to help clarify something the expert included in their report.
- Understanding testimony: Knowing what each expert adds to your case can help you feel more prepared if your case proceeds to mediation or trial.
Settlement negotiations: the path most cases take
Most personal injury cases in Virginia settle before reaching a courtroom. After depositions and expert reviews, both sides begin weighing their options. Negotiation often becomes the main focus.
Mediation as a settlement tool
Mediation gives both sides a chance to settle with help from a neutral third party.
- Court-ordered vs. voluntary mediation: Virginia courts sometimes require mediation before trial, but attorneys may also choose it on their own.
- What to expect: Both sides share their arguments, and the mediator helps guide a possible resolution.
- Role of mediator vs. attorney: The mediator keeps things moving and neutral, but your lawyer advises you on whether the offers are worth accepting.
Direct settlement discussions
Even without mediation, attorneys often engage in back-and-forth talks to reach a fair number.
- Demand letters and settlement packages: Your attorney sends a letter detailing your injuries, losses, and a proposed dollar amount.
- Negotiation process: Insurance companies rarely accept the first number. The process includes offers, counteroffers, and a detailed evaluation.
- Evaluating offers: A low offer might look tempting when bills pile up, but your attorney will help weigh long-term impact.
Factors that influence settlement value
Insurance companies don’t pull settlement figures out of thin air. Several key factors shape what they’re willing to offer.
- Strength of liability evidence: Clear proof that the other party caused your injuries boosts your leverage.
- Extent and permanency of injuries: More serious injuries, especially those requiring long-term care, increase claim value.
- Insurance policy limits: A settlement may be capped by how much insurance coverage is available.
- Comparative negligence: In Virginia, if the injured person is found even slightly at fault, they may not recover damages. This rule makes liability evidence especially important.
Will my personal injury case go to trial?
While most cases settle, some don’t. If the insurance company or defendant refuses to offer fair compensation, your case may head to trial.
Preparing for the possibility of trial
Trial prep is extensive, even if settlement remains likely. Your attorney gets everything ready to go in case it’s needed.
- Preparation timeline: Preparing for trial may take several months, involving witness prep, document review, and evidence organization.
- Testimony differences: You’ll testify again, but this time in front of a judge and jury.
- Jury selection: Picking jurors involves strategy. Your attorney works to seat individuals who may be more sympathetic to your side.
What trial looks like in Virginia courts
Trials follow a predictable structure, though no two are alike.
- Opening statements: Each attorney gives an overview of their case to the jury.
- Witness testimony and cross-examination: Witnesses answer questions from both sides, and attorneys may try to poke holes in each other’s story.
- Jury deliberation and verdict: Once both sides rest, the jury considers the evidence and reaches a verdict on fault and damages.
How your attorney maximizes your case value post-deposition
An attorney doesn’t just wait for offers. They actively build your case after the deposition to improve your outcome.
Strategic case development
Depositions reveal a lot, and smart attorneys use that to sharpen their arguments.
- Using your testimony: Your words help frame the story of your injuries.
- Addressing weaknesses: Any inconsistencies or gaps get corrected before trial or settlement talks.
- Timing settlement talks: Attorneys often wait until key evidence is in place before reentering negotiations.
Protecting your interests throughout the process
The other side will look for ways to lower your payout. Your attorney works to shut down those efforts.
- Insurance tactics: If insurers delay or lowball, your attorney pushes back.
- Medical care and records: Your treatment must be well documented and consistent with your injuries.
- Preserving evidence: Witness statements, photos, and physical proof stay secure.
Preparing multiple case scenarios
Good legal strategy includes planning for every outcome.
- Settlement ranges: Your attorney estimates what a fair offer should look like under different conditions.
- Trial prep as leverage: Being ready for trial often encourages better offers.
- Backup plans: Unexpected developments won’t catch your legal team off guard.
Understanding Virginia’s legal deadlines and requirements
Missing a court deadline can end a case. Virginia’s system includes rules and timelines that your attorney keeps track of for you.
Statute of limitations considerations
Virginia law limits how long you have to file a case.
- Two-year deadline: Most personal injury lawsuits must be filed within two years of the accident.
- Exceptions under discovery rule: If injuries weren’t immediately known, the clock may start later.
- Government cases: Claims against public entities require quicker action and added paperwork.
Court scheduling and case management
Courts keep cases moving with set dates and milestones.
- Scheduling conferences: Judges meet with attorneys to create timelines.
- Trial date assignments: Trials are scheduled months in advance, but delays can happen.
- Motion deadlines: Legal filings must be submitted on time to avoid penalties.
Financial considerations during the post-deposition phase
Lawsuits can involve ongoing costs, and understanding your financial options helps you stay afloat.
Case costs and expenses
Building a case costs money. Here are common expenses that add up during this phase:
- Witness fees: Experts charge for their time and reports.
- Medical records: Hospitals often charge for copies of records.
- Court filings: Filing fees and printing costs accumulate over time.
Funding your case until resolution
You may worry about paying bills while your case is still active. Several options can help:
- Medical care: Some doctors agree to treat patients now and get paid later from settlement funds.
- Living costs: Legal funding may be available to cover short-term needs.
- Medical liens: Some providers place a lien on your case, meaning they’ll get paid directly once you settle.
How a Virginia personal injury attorney guides you through this phase
Attorneys don’t just show up at trial. They stay involved every step of the way after your deposition.
Regular communication and updates
You shouldn’t feel left in the dark.
- Status reports: Your attorney gives regular updates on case progress.
- Explaining new developments: Any changes in the case are clearly explained.
- Consulting with you: Major decisions always involve your input.
Managing your expectations
A good attorney helps you keep realistic goals.
- Timeline honesty: No one can predict the exact end date, but estimates help.
- Value ranges: Your attorney explains what your case may settle for and why.
- Trial readiness: If trial becomes likely, you’ll know in advance and feel prepared.
Protecting your legal rights
Mistakes or missed steps can hurt your case. Your lawyer helps prevent them.
- Deadlines met: Statute of limitations and court rules are followed.
- Insurance handled: All contact with the insurance company goes through your lawyer.
- Medical coordination: Treatment records stay organized and up to date.
Post-deposition FAQs
How long does it typically take to resolve a case after the deposition?
Case resolution timelines vary significantly, but most cases settle within 6 to 18 months after depositions are complete, depending on case complexity and court schedules.
Can I still receive medical treatment while my case is pending?
Yes, continuing appropriate medical treatment is often essential for both your health and your case. Your attorney can help coordinate treatment with healthcare providers who understand personal injury litigation.
What if the insurance company’s settlement offer seems too low?
Never accept the first settlement offer without consulting your attorney. Insurance companies typically start with low offers, and experienced attorneys know how to negotiate for fair compensation.
Do I have to testify again if my case goes to trial?
Yes, trial testimony is different from deposition testimony. Your attorney will prepare you thoroughly for trial testimony, which occurs in front of a jury rather than in a conference room.
What happens if we can’t reach a settlement?
If settlement negotiations fail, your case will proceed to trial where a jury will determine both liability and damages. Your attorney will prepare your case thoroughly for trial presentation.
Our Virginia personal injury lawyers can assist with depositions
The period after a deposition isn’t quiet. It involves legal strategy, deadlines, evidence reviews, and negotiations. Insurance companies often rely on this stage to limit their financial responsibility, but an experienced Virginia personal injury lawyer won’t let that happen unchecked. At Allen & Allen, we understand the court procedures and the tactics used by insurance carriers. We don’t let our clients face this system alone.
Our team treats each case as if it were our own. We work hard to seek maximum compensation and protect every right you have. If you’ve been injured in an accident, contact Allen & Allen today for a free case evaluation. Let us take on the legal fight so you can focus on what comes next.