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Depositions and settlements

Van Nuys, CA |

I would like to know, does a personal injury case settle after depositions are taken? I am a plaintiff in a personal injury case, the defandant (driver) had his deposition taken today, will I be also called to give a deposition, and what is the process after that. thank you.

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Attorney answers 10

Posted

Sounds like you have an attorney. You really should ask your attorney this question. Good luck to you.

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Posted

A personal injury case can settle at any time. A settlement is dependent upon what you are willing to settle for and what the defendant (or their insurance company) is willing to pay to resolve the claim.

If you want more than what they are willing to pay, the case will not settle. Hopefully you are represented by competent counsel who should be advising you as to how the process works.

Posted

Yes, lawsuits often settle once a deposition is taken, either because the deponent makes a big admission, or simply because the insurance carrier is carrying out its duty to ascertain the facts and assess the strengths and weaknesses of the defense.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

Posted

It COULD settle after a deposition. It could settle anytime. I imagine that you have not yet gone through mediation...that would probably be the next time your case is most likely to settle. But please consult with your attorney.

Posted

A personal injury case can settle at any point before or even during trial.

Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com

Posted

Speak with your attorney for guidance.

Posted

A PI case can settle at any time; it's just a matter of whether you are willing to take the money being offered by the defense and the carrier calling the shots. Generally, my experience is that if a case is in litigation, the insurance company hasn't really put together its "best offer" money until after the plaintiff's deposition is taken. The reason is that the defense attorney (and the insurance co.) wants to be able to assess just how good a witness you make, so assess your "jury potential" and how that might affect the value of the case. The "general" process after that is that the Court usually insists on some form of "alternative dispute resolution" (meaning either mediation, arbitration or settlement conference), ordering the parties to do so before (or at the same time) that it sets the case for trial. If you have an attorney, discuss these issues with him/her. If you don't have counsel, I'd seriously suggest you get one, because litigation is a tough, procedurally tricky road that is best traveled with the assistance of a good lawyer.

Good luck to you!

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Posted

I agree with my colleagues.

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Posted

Honestly, these are question you should ask your lawyer. But in general, there is no strict time limitation on when a case can settle. If either party truly intends to go to trial, the case may not settle, and might need to be tried to verdict. Often, cases settle after depositions, and after the plaintiff had undergone an Independent Medical Exam, since the insurance carrier might need to size up the plaintiff and see what kind of witness he is, and what the defense expert doctor thinks of the injuries, and until those events happen, the carrier doesn't know the settlement value of the case, and therefore will not settle. What does your lawyer say?

Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter into a written agreement signed by both you and I.

Posted

A case can settle at any time before, after or even during a deposition. It all depends upon the individual facts of each case. One thing you can be certain of, and that is that the defense attorney will send a summary of the deposition, and his thoughts about it, to the insurance company that retained him. He will give his impressions of how the deposition went, and may recommend settling, or going forward to trial.

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