Why are you doing a deposition after you have agreed to accept $8,000.00? If you accept, the case should be over.
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That is impossible to answer without knowing your entire testimony. For example, if you burst out at the deposition "I admit! I was totally at fault!" Then there is a good chance that your recovery will be greatly reduced.
The AAJ is an association of trial lawyers. It's rating is not exactly a good indication of your settlement amount. As long as you have a good lawyer on your side, you should discuss everything with him/her.
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The value of cases increases or decreases based on the plaintiff's testimony at deposition all of the time. No one can predict for you here how your testimony will affect the value of your case. What is puzzling is that if you are willing to settle for the current offer, why is the deposition proceeding forward at all? If the case is resolved, everyone should save the time and expense of the deposition. If you have an attorney, you need to discuss this with him/her.
You should not be submitting yourself to a deposition after you have settled your claim. Depositions are an opportunity for an insurance company to put a face with the records they have extensively reviewed already. You can most certainly hurt your case (i.e. reduce your case's value) by performing poorly at a deposition. You should always have counsel present and you should be prepped by your counsel prior to being deposed. All of this is stated with the caveat that you really should not be going to a deposition if you have accepted an offer of settlement.
More information is needed to fully answer this question. However, I'm also confused as to why you even posed the question. If you have rejected the offer because it was too low and the parties are engaging in discovery depositions, than it would seem the only way you would change your position is if new facts that are harmful to your case arise or if the insurance company increases the value of their offer.
If they make a new offer that is lower, it will most likely be the result of new facts which they think help their position. You should either consult with your current lawyer or hire one that you trust.
The additional information indicates you are not accepting the offer, so now we understand why you are proceeding with your deposition. If you properly prepare for your deposition it should help your case. Your attorney knows the facts of your case that will determine the value for settlement.
If the insurance company is offering you $8,000 and you accepted it then all you need do is sign a release for the $8,000 and mail it to the ins co and the case is settled.
This is a tough question to answer without more information. A lot of it would depend on the facts and the kind of information the insurance company/defense attorney was able to illicit in the deposition. I'm assuming that if you are at the stage of depositions you are currently represented by an attorney, and I would urge you to discuss this issue with him or her as soon as possible.
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