When seeking compensation after a car accident, you generally have two options. Most car accident victims will decide to begin by filing a claim with the responsible driver's insurance company and try to negotiate a settlement. Ideally, you and the insurance company will agree to a resolution of your case to fully pay you for your car accident injuries. However, your San Antonio car accident lawyer may advise you to begin your case in court, or the insurance company may force your hand by denying your claim entirely or refusing to make you an adequate settlement offer.
There are numerous stages in the legal process of a car accident if you have to take your case to court. While you may think of a jury trial as the climactic end to your case, there are many things that you have to go through before you can reach that point. A deposition is a significant milestone in your case. If things go well during both your depositions and those of the insurance company's witnesses, it puts you in a stronger position when you have to negotiate a settlement before trial or if you have to go all the way to a hearing.
Your car accident lawyer will be there with you every step of the way during your case, whether you try to settle a claim or if you have to take your case to trial. They will help you prepare for the deposition and be there by your side when you have to answer questions from the insurance company's lawyer. If you do not already have legal representation in your case, now is the time to schedule a free initial consultation with an attorney to discuss your case.
Depositions Are an Important Part of Your Car Accident Lawsuit
A deposition is a pivotal moment in your car accident case. Each party has the right to conduct depositions of the other party's witnesses during the case's discovery process. Your car accident lawyer can question the other driver under oath and any potential witnesses they can use at trial. The deposition is your first chance to hear about the other driver's side of the story in their own words. You may elicit valuable evidence about liability that your car accident lawyer may not already have had the chance to obtain.
Just like your car accident attorney can question the other party's witnesses, they can also make you sit for a deposition. This process can be a vital part of your car accident case, and you will have to answer questions under oath for up to seven hours. A deposition may not be what you think, where you may have visions of a conclusive and dramatic courtroom scene. In reality, depositions often happen in a lawyer's office with very few people in the room.
You Will Answer Many Questions in a Deposition
During a deposition, a lawyer will ask you many questions, and while some may seem dry and boring, every question has a purpose. The attorney is trying to lay a foundation for their questioning of you because they want to know about your side of the story from the car accident and your physical health. Ultimately, you must prove both liability and your damages, and you will take the first steps towards doing so in a deposition.
Your deposition testimony is not necessarily admissible at trial but still serves valuable purposes. First, the insurance company's defense attorney is trying to understand what type of witness you will make at trial. If you prove credible and sincere, and it seems like you may be persuasive to a jury, the insurance company will sit up and take notice. Second, a deposition gets a witness on the record with their testimony. It can be problematic for your case if you give testimony at trial that is inconsistent with what you have already said in your deposition. Then, the other party's lawyer can introduce your deposition testimony at trial, which may devastate your credibility.
The same goes for the other driver. If they have given shaky deposition testimony, their insurance company may be more hesitant to proceed to trial with the case. Your car accident lawyer will also know some potential weaknesses in their case, which can help them represent you more effectively at trial.
Depositions May Give You an Idea of the Strength of Your Case
Lawyers usually conduct depositions at the tail end of the discovery process. By this time, your car accident lawyer has already sent and received the answers to your interrogatories and requests for admission. You may have already received other forms of evidence from the other party that your car accident lawyer has requested. Depositions are usually the capstone of the discovery process that should tie the rest of the evidence together.
Once the discovery process concludes, both parties should have a more sound idea of their respective cases' relative strengths and weaknesses. Specifically, the insurance company may begin to realize that your car accident lawyer has built a critical mass of evidence that can prove that the other driver was at fault and that you have suffered a severe injury. Insurance companies may also realize they have a potential headache if your case goes to trial. Whatever reason the insurance company has gone this long without settling your case, it may finally begin to see the reality of the situation at the close of the discovery process.
The Parties May Discuss a Settlement After Depositions
Accordingly, settlement discussions often heat up after the conclusions of the depositions. Here, you and the insurance company may have the motivation to reach a settlement agreement. Going to trial is always risky for both parties because juries are a collective body of people with human emotions. There is always a chance that they may not see things your way, and then you may end up with no compensation. From the insurance company's perspective, it may not want to face a jury because it may have to pay a large amount of money. If the policyholder is personally liable to pay any amount over their insurance coverage, they may sue the insurance company for bad faith.
The judge in the case may order the two parties into mediation to reach a settlement agreement. Judges have that power and often exercise it when they think there is a chance of a settlement that can avoid the potential of a trial. If you had a strong car accident deposition, you may be in a better position for mediation.
The Insurance Company May Make You a Better Settlement Offer
Even if the judge does not order mediation, insurance companies may get more serious about settling your case. If they were trying to lowball you in settlement negotiations before discovery, an experienced car accident deposition might motivate them to raise their settlement offer. At the same time, your car accident lawyer is a negotiator, and they know how these cases ebb and flow. They may advise you to make a counteroffer that moves off your prior numbers to give you a better chance of settling the case. It may be no surprise that your numbers and those of the insurance company may begin to converge at this point.
At some point, you may reach a settlement agreement, concluding the case for full compensation you have pursued for quite some time. Then, it may not be long until the insurance company deposits money into your account. Your car accident lawyer will need to negotiate the actual language of the agreement that will bring your case to a close. Then, anyone with a right to some of the money from your settlement, including your car accident lawyer, will need to get paid before you can receive your money.
The Parties May File Motions for Summary Judgment
If you do not have a settlement agreement, each party may file a motion for summary judgment with the court. Here, you are asking the judge to issue a ruling on the case based on the facts that are not in dispute. If discovery has conclusively established specific facts, you and the insurance company have the legal right to judgment as a matter of law. A trial will only occur if there are disputed facts that a jury must establish after hearing your case's evidence. Otherwise, the judge may rule depending on the evidence thus far.
Your Case Might Go All the Way to Trial
Of course, your car accident case may still go to trial. Then, both sides will have a certain amount of time to present their case to the jury. The timing of the trial depends on the court's docket and the judge's schedule. After the conclusion of the trial, the jury will deliberate and reach a verdict in your case. First, jury members will decide whether the other driver was liable for the accident and which percentage of fault each party would bear. If the jury determines that the other driver was negligent, it will then order the motorist to pay you what it believes to be your damages. Insurance companies can appeal the verdict if they disagree with the outcome.
You Need a Car Accident Lawyer to Represent You in a Lawsuit
You need a car accident lawyer in any case, but you certainly need one if your case must go through the lawsuit process. Your car accident attorney will draft the lawsuit that begins the legal process. They will then fight for your legal rights while your case proceeds through the court system, working to establish your case. The hope is that your car accident attorney's efforts will lead to a settlement, but they will also prepare to take it to trial if necessary.
Therefore, you should always ask about your car accident lawyer's level of courtroom experience at your free initial consultation because the end game may be a trial.
Insurance companies need to know that you will go every round with them if they do not accept responsibility in the claims or settlement process. A legal show of force on your part may be enough to make them think twice about testing you. Then, the insurance company is less likely to deny your claim, try to blame you for the accident, or make you lowball settlement offers. It knows an experienced car accident attorney will ensure you do not accept unfair offers.
Car accident lawyers work to get you results, and hiring an attorney will improve your financial outcome. Frequently, people who retain counsel in car accident cases end up with more money than people who handle their cases, even after paying their attorney their share of the settlement. The ability to take your case to trial is the hammer that often forces the insurance company to take you more seriously.
It Costs You Nothing Upfront to Hire a Car Accident Lawyer to Represent You, Call Now
When you hire a car accident lawyer, they work on a contingency fee basis, meaning they only get paid if they win your case. This arrangement allows individuals who may not have the financial means to seek justice on their own to have access to legal representation. It also levels the playing field against the insurance companies and their team of lawyers fighting against you.
Having a San Antonio personal injury lawyer on your side can make all the difference in obtaining a fair settlement. They have the knowledge and experience to evaluate your case, gather evidence, interview witnesses, and build a strong argument to support your claim. With their knowledge, they can guide you through the legal process, handle negotiations with insurance companies, and, if necessary, take your case to court.
Not only does hiring a car accident lawyer increase your chances of receiving a fair settlement, but it also provides you with peace of mind. Knowing you have a professional handling your case lets you focus on your recovery and move forward from the accident.
