You should speak to her attorneys who can best explain to you the civil process. they don't have to as your mother is their client not you. In general a deposition is an opportunity for the other side to gather information under oath. In a case like this one your mother's deposition may be the most important one in the process. After all depositions and other discovery are completed a civil case usually proceeds to trial or settlement although most settle.
I get this from clients all the time. "When will I get my money?", "How much longer?".
You and your mother need to be patient. Most likely due to the nature and severity of your mothers injuries it took time to heal.
Also if your mother fell on the curb outside of a business there may be some liability issues. Be patient with your attorney.
If you have not recovered yet, your attorney has not either.
A Personal Injury case sometimes takes years.
Your mother is paying her attorney for good, sound legal advice. Her attorney knows the ins and outs of her case, including what comparative negligence, if any, may be attributable against your mother. I suggest that you and she rely upon the advice of the attorney closest to the situation.
Cases are almost never settled "at the deposition". The adverse insurance carrier adjuster will want to receive a report from their defense attorney and perhaps review your mother's deposition before making further decisions on whether or not they want to settle the claim and for how much.
Your mother should be receiving extensive preparation by her own attorney in preparation for her deposition. She should follow her attorney's advice on how to answer questions on the deposition.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.
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