If you or your loved one gets injured in a car accident or slips and falls in a store due to someone else’s fault, it can turn your life upside-down. You and your family are faced with mental and physical stress, along with financial difficulties as medical treatments are often very expensive.
The good news is that you can file a personal injury lawsuit to hold the guilty party responsible for the injuries and damages they have caused. In a personal injury lawsuit in Minnesota, pain and suffering damages will be paid to the plaintiff as soon as the case is settled. The biggest question, however, every plaintiff tends to ask is, “Do personal injury cases settle after deposition in Brainerd, MN?”
The fact is, a personal injury case can be settled anytime during the legal proceedings. When your case will settle and how much you will get paid will depend on a few case-specific factors. These include how willing the insurance company is to pay you, how concrete your evidence is, and how your experienced personal injury lawyer in Brainerd, MN thinks.
To answer your questions, let’s see what deposition is and whether your case will settle after or before it happens.
1. What Is a Deposition in Brainerd, MN?
Deposition is a critical stage in the discovery phase of a personal injury case, which usually happens after the case is filed, but before it goes to trial. In a deposition, attorneys from both parties ask questions to the witnesses, including you and the at-fault party, who are under oath.
Although depositions are informal hearings, as the deponents (the people being deposed) are under oath, they are required to answer honestly. A court reporter is also present during the deposition to record everything that happens during the proceedings. As you can see, deposition is a critical part of the legal process because it establishes the facts and circumstances of your case.
To make sure you are not taken advantage of when being deposed, you need to have your own attorney to help you. Make sure tohire an experienced personal injury lawyer in Brainerd, MN, who can help you share your side of the story on-the-record without any undue pressure.
Your attorney can also help you prepare for the deposition through role-play. And of course, they will also depose witnesses and the other party. The fundamental purpose of a deposition is to allow both parties and their lawyers to evaluate the strength of witness testimony, and how it will be perceived by the jury in the actual trial.
2. What Happens after a Deposition in Brainerd, MN?
Once the deposition is over, the next step is reviewing the transcripts. At this stage, both lawyers will go through the deposition transcripts carefully to determine their strength or weakness. If this research reveals that more witnesses need to be deposed, you or your opponent’s attorney will schedule the said depositions.
In most personal injury lawsuits, the defendant will also request the plaintiff to undergo a defense medical examination, usually after the deposition is completed. As the doctor for this examination will be chosen by the insurance company, the report they write is less likely to be unbiased. That’s why your attorney will also have your own physician to examine and write a more factual report to strengthen your case.
After the deposition and the medical exam, most personal injury cases will be settled through negotiations. If you agree with the offer presented by the opposition, you will get paid for the medical expenses, damages, and lost wages, depending on the circumstances of your case. In a rare event, when all attempts at the negotiations fail, the case will go to trial.
3. Why Will a Case Be Settled in Brainerd, MN after the Deposition?
Trials are often lengthy and costly for both parties. As a result, most people are willing to settle the case, if possible. Here are a few reasons whyyour case will be settled at this stage.
If the defendant realizes that they are less likely to win when the case goes to trial and your demand is reasonable, they will be willing to settle.
Sometimes, the opposition may have a strong case. However, your demand is less than the potential expense of going to trial, they are more likely to settle.
In some cases, if both parties understand how expensive and time consuming a trial usually is, they may settle even if both have equally compelling evidence and arguments.
No matter how simple your case is, if you have an experienced personal injury lawyer in Brainerd, MN by your side, your chances ofgetting maximum compensation will be much better. So, make sure to choose your attorney carefully.
Technically speaking, your personal injury case can settle at any time during the legal proceedings. In fact, most cases are settled out of court through amicable negotiations. If not, it is more likely to get settled after the deposition when both parties agree that going to trial is not the better option. Make sure to consult a knowledgeable attorney and discuss your case in detail to understand when and how much settlement you are likely to get.
Hire the Most Experienced Personal Injury Lawyer in Brainerd, MN Today!
If you are injured in a car accident or a dog bite and want to get the rightful compensation, look no further than Carlson & Jones, P.A. to fight for you. As one of the leading personal injury attorneys in Brainerd, MN, we will leave no stone unturned to get you the compensation you deserve. You can call us at (855) 976-2444 or contact us online through our website to see how we can help you or your loved one.