If you have been through a deposition in a personal injury lawsuit or are about to have one, you might wonder what happens next. This blog will walk you through the typical steps after a deposition, explain what they mean, and show how they fit into the bigger picture of your case.
Key Steps That May Occur After the Deposition
Below is a summary of the typical next steps after the deposition in a personal injury lawsuit:
- Independent Medical Exam (IME): The defense may request that you see a doctor of their choice
- Exchange of Medical Records: Both sides may need to share up-to-date reports and treatments
- Disclosure of Special Damages: You must update any financial losses you continue to experience
- Motions to Compel: If someone refuses to answer questions or provide documents, a personal injury attorney might seek a court order
- Additional Discovery: More depositions or document requests might happen through additional discovery if new issues arise
- Settlement Negotiations: Both sides might discuss a deal based on new information
- Pre-Trial Motions and Hearings: Arguments over evidence or legal rules before trial
- Trial Preparation: If the parties fail to settle, they prepare for court
Why Do More Steps Follow After the Deposition?
Many people think a deposition is the final big event before trial, but that’s not always true. A lawsuit has many parts, called “discovery,” where both sides collect evidence and exchange information. A deposition is just one method of discovery. Even after you testify, both sides may need more details about medical issues, financial losses, or other facts to better understand the case.
In short, the story doesn’t end at the deposition. The lawyers will likely continue to gather more records, possibly schedule medical exams, and file motions if disagreements occur. All of this ensures each side understands the important facts so that a trial, if it happens, proceeds as fairly as possible.
Will I Need to Undergo a Medical Examination After a Deposition?
If you are claiming an injury like fractured bones, scars, or any harm from an accident, then yes, you might be asked to see a medical professional chosen by the other side. This is known as an Independent Medical Examination (IME), though “independent” can be misleading since the defense selects and pays the doctor, not you.
The defense’s goal is to verify the extent of your injuries. They want to see if your statements about pain or long-term damage match what medical tests show. If you suffered injuries in a car accident, a doctor may examine the wounds or scarring to see how it is healing. This doctor’s findings can end up as evidence in your case.
In some situations, the defense might request more than one medical exam, especially if you have multiple injuries. Courts will generally allow these exams if they are relevant and if they happen within certain deadlines. Your personal injury attorney can guide you through how to prepare and what to expect.
Will I Have to Share My Medical Records After the Deposition?
After the deposition, you may be asked for additional medical records if you claim physical or emotional harm. The defense wants to confirm the severity of your injuries and check if there were pre-existing conditions. You might also need to give authorization forms so they can request these records directly from your healthcare providers.
It is normal to feel nervous about sharing private health information, but this exchange of records is standard in personal injury cases. Courts want both sides to have the evidence to argue the case. Talk with your personal injury lawyer if you are worried about private details unrelated to your injury. Sometimes the courts allow certain private records to remain protected.
How Does the Exchange of Special Damages Work?
“Special damages” are the direct costs linked to your injury. They include medical bills, therapy expenses, and even lost earnings. After a deposition, the rules often say you must give the defense a detailed list of these costs. You may need to update that list if you have more bills later (like if you need an extra surgery).
If you lost work time because of your injury, you might also be required to show proof of income, such as pay stubs or tax returns. The other side uses these records to decide if the amount you claim is fair. Disclosing these costs helps both sides determine what a potential settlement can look like.
What Happens If Someone Refuses to Answer Deposition Questions?
Sometimes, during depositions, a witness might refuse to answer certain questions. Maybe they think the question is too private or not relevant. If the lawyers cannot agree on how to handle it, the side that wants an answer can file a motion to compel. This is a request for the judge to decide whether the person must answer.
If the judge orders the person to answer and they still refuse, the judge can impose punishments. For example, the refusing party might pay extra legal fees or face other penalties. Conversely, if the judge believes the motion to compel was frivolous, the party who filed it might have to pay costs.
The bottom line is that refusing to answer questions can lead to more legal wrangling, slow the case, and increase costs for everyone.
Will We Head Straight to Trial After the Deposition?
Whether or not you go to trial depends on a few factors:
- Discovery Completion: Have both sides gathered all the info they need?
- Pre-Trial Motions: Are there any big issues to be decided, like whether certain evidence is allowed?
- Settlement Possibilities: Are negotiations ongoing, or has one side refused to compromise?
Once the parties complete all discovery steps and fail to settle, the case moves toward trial. Personal injury lawyers file pre-trial motions to shape the trial, such as requesting the court to exclude certain evidence. Courts often hold a pre-trial conference, where a judge checks if both sides are prepared. If there is no resolution, a trial date is set.
Reach Out to a Personal Injury Lawyer Near You if You Have Questions About Your Case
A personal injury lawsuit doesn’t end with a deposition. It’s more of a midway point where both sides take stock of what they have learned. Afterward, there may be medical exams, record exchanges, and extra motions if disputes pop up. You might even settle your case if negotiations go well. If not, you can find yourself in court for a trial.
If you have questions about depositions, medical exams, or what happens next in your case, don’t wait to seek help. Reach out to a personal injury attorney who can stand by your side. They will guide you to stay on track, protect your rights, and fight for the compensation you deserve. Contact a trusted attorney today to learn more about handling your post-deposition steps and confidently move your case forward.