What Happens After a Deposition in a Car Accident Case

Our Chicago car accident attorneys explain what happens after a deposition in a car accident case, how your case might change based on the deposition testimony, and what steps are taken to move toward resolution, whether through settlement or trial.

In a car accident lawsuit, the deposition is a key part of the discovery phase—a time when both sides gather evidence to prepare for settlement or trial.

During a deposition, witnesses, including the car accident victim and other parties involved, give sworn testimony outside of court, which is recorded by a court reporter. This testimony can play an important role later in the case.

Understanding the Car Accident Deposition

A car accident deposition is a sworn, out-of-court testimony given during the discovery process of a lawsuit. It usually occurs in an attorney’s office, where lawyers from both sides ask questions, and a court reporter records everything to create a written transcript.

Depositions are used to gather facts, clarify what happened, and assess the credibility of those involved. In personal injury cases, this may include the injured party, the at-fault driver, witnesses, or experts. The testimony can impact settlement negotiations and may later be used in court to support or challenge a witness’s statements.

The Transcript is Prepared: A Written Record of the Deposition

After a deposition in a car accident case, the court reporter prepares a verbatim transcript of the testimony. This written record includes every question, answer, and objection made during the session. Because accuracy is critical, the transcription process often takes a few weeks to complete.

Once finalized, the transcript is shared with both parties’ attorneys. It becomes a key piece of the case, helping lawyers evaluate the strength of the testimony, identify inconsistencies, and plan legal strategies. If the case goes to trial, the transcript may also be used to challenge a witness’s credibility or present prior sworn testimony.

Reviewing the Deposition Transcript: Analyzing the Testimony

Once the deposition transcript is finalized, both the plaintiff’s and defendant’s attorneys carefully review it. This review is essential for evaluating the strength of each side’s case.

Attorneys look for inconsistencies in the testimony, admissions of fault, or statements that support or weaken key legal arguments. These details can be used to challenge credibility or bolster legal strategy. The transcript may also reveal new information that leads to additional evidence or witness interviews.

This step plays a major role in shaping the direction of the case, helping lawyers decide whether to pursue settlement negotiations or prepare for trial.

Your Car Accident Attorney’s Assessment: Evaluating the Impact

After reviewing the deposition transcript, your car accident attorney will meet with you to discuss how the testimony may affect your case. They’ll explain whether your statements—or those made by the other party—helped strengthen your position or raised potential concerns.

Your lawyer will highlight key moments, such as admissions of fault or inconsistencies, and explain how they could impact negotiations or trial strategy.

An experienced car accident lawyer will provide a clear, honest assessment of your case’s strengths and weaknesses and outline what steps may come next. This conversation helps you stay informed and prepared for further legal action.

Potential for Further Discovery: Gathering More Information

After a deposition in a car accident case, both sides may decide that more evidence is needed to move the case forward. This can lead to additional discovery, such as new depositions or requests for documents like updated medical history records or police reports. If a witness mentions someone new, your attorney may want to speak with them.

The defense might also request an Independent Medical Examination (IME), where a doctor they choose evaluates your injuries. These exams are often used to dispute the severity of your condition or argue it’s unrelated to the accident. Your personal injury lawyer will prepare you and respond to any biased findings.

Car Accident Settlement Negotiations: Seeking a Fair Resolution

A deposition can be a turning point in a car accident case, often prompting more serious settlement talks. After reviewing the transcript, both sides better understand the strength of the evidence and the credibility of the witnesses. If your testimony clearly shows the other driver’s fault and the impact of your injuries, the defense may be more willing to settle.

Your personal injury lawyer will use the deposition to support a strong compensation demand and challenge weak points in the opposing side’s case. This often leads to a fair settlement offer, avoiding the uncertainty and cost of going to trial.

Mediation: An Alternative to Trial

Mediation is a common step in many car accident cases when initial settlement efforts fall short. A neutral third party—the mediator—facilitates discussions between both sides to help reach a resolution. The mediator doesn’t decide the case but works to guide communication and identify common ground.

In Illinois, courts often require mediation before trial. It’s less formal and less stressful than going to court, and it allows for private, productive discussions.

If both sides agree, the settlement becomes legally binding. Your personal injury lawyer will be by your side during mediation, ensuring your interests are protected and your voice is heard.

If Settlement Fails: Preparing for a Car Accident Trial

If settlement negotiations and mediation fail to resolve the case, your personal injury lawsuit will proceed to trial. At this stage, your attorney will present your case in court, and a judge or jury will decide the outcome.

Preparing for trial requires gathering evidence, organizing exhibits, and preparing witnesses. Your car accident lawyer will develop a clear strategy and handle all procedural requirements.

While some cases settle during the trial, your lawyer will be fully prepared to go the distance. Though trials can be lengthy, they provide a chance to seek full compensation when the insurance company or defense hasn’t made fair settlement offers.

Pre-Trial Motions: Shaping the Case

Before a car accident trial begins, attorneys may file pre-trial motions to shape how the case proceeds. These motions can ask the judge to exclude certain evidence, such as irrelevant or prejudicial testimony. Lawyers may also request rulings on legal issues that could impact what’s presented at trial.

One key motion is for summary judgment, where a party asks the court to decide the case without a trial, arguing the facts aren’t in dispute and the law favors their side. These motions can simplify the case, resolve certain claims, or, in some instances, bring the case to an early end.

Trial Preparation: Building Your Case for Court

Trial preparation is one of the most important stages of a car accident case when settlement efforts have failed. Your attorney will organize all evidence gathered during the discovery process, including medical treatment records, deposition transcripts, police reports, and photos.

They’ll work with expert witnesses—such as medical professionals or accident reconstructionists—to prepare testimony and ensure clarity in court.

You and any other witnesses will also be prepped to testify, with your lawyer guiding you through potential questions. Visual aids like diagrams or medical illustrations may be created to support your case. The attorney will craft opening and closing statements and plan courtroom strategy to present the strongest case possible.

The Trial Process: Presenting Your Case

The trial process in a car accident case begins with jury selection unless it’s a bench trial, where a judge hears the case without a jury. During jury selection, both yours and the other party’s attorney question potential jurors to uncover biases and ensure a fair, impartial panel.

Once the jury is seated, each side delivers opening statements that outline their position and preview the evidence.

Afterward, both parties present their case. This includes calling witnesses and introducing medical records, photographs, expert testimony, and other relevant documents. The claimant’s attorney will question supportive witnesses and cross-examine those called by the defense.

Once all evidence is presented, both sides give closing arguments, summarizing the facts and urging a favorable decision. The jury then deliberates and returns a verdict. In a bench trial, the judge issues the final ruling and determines compensation.

Using the Deposition at Trial: Impeaching Witnesses

At trial, the deposition transcript becomes a powerful tool for your attorney. One of the most common uses is to impeach a witness. This happens when a witness gives testimony at trial that contradicts what they previously said under oath during their deposition.

By pointing out these inconsistencies, your attorney can challenge the witness’s credibility in front of the judge or jury.

The deposition can also be used to refresh a witness’s memory if they forget details or seem confused during testimony. The transcript serves as a written record of what the witness previously recalled, helping bring clarity to their statements.

In some situations, a witness who was deposed may be unavailable to appear in court due to a medical emergency, relocation, or other valid reasons. When that happens, the deposition testimony can be introduced as evidence, so the jury still hears their account. These uses make depositions a key part of both trial strategy and ensuring a fair presentation of the facts.

Post-Trial Motions and Appeals

Even after a verdict is reached in a car accident case, the personal injury claims process may not be over. Either side can file post-trial motions, asking the court to take additional action. One common post-trial motion is a request for a new trial.

This may be filed if a party believes that errors occurred during the trial, such as improper evidence being admitted or jury misconduct, that unfairly affected the outcome.

Another possible step is filing an appeal. An appeal is not a new trial but a formal request to a higher court to review decisions made by the trial judge. For example, if a judge allowed or excluded key evidence or issued legal instructions to the jury that one side believed were incorrect, the losing party may ask an appellate court to overturn or modify the verdict.

These post-trial actions can delay the final resolution, but are an important part of ensuring justice when legal mistakes may have influenced the result.

Collecting Your Car Accident Damages

After a car accident case concludes with a successful verdict or settlement, the next step is collecting your compensation. If you win at trial or reach a fair settlement agreement beforehand, the at-fault party’s insurance company is typically responsible for paying the amount owed.

This payment is usually sent directly to the claimant’s attorney, who will deposit the funds into a dedicated client trust account. From there, the attorney follows a clear process.

First, your lawyer deducts any legal fees as outlined in your contingency fee agreement, which was agreed upon at the beginning of the case. Next, they use the settlement funds to pay any outstanding medical bills, liens from health care providers, or health insurance companies that cover your treatment.

Once all obligations are settled, the remaining compensation is disbursed to you. Your attorney will provide a detailed breakdown of the settlement distribution so you understand exactly where every dollar went. This ensures a smooth and transparent process that puts your financial recovery first.

FAQs About Car Accident Cases in Chicago

What Happens If I Get a Subpoena?

A subpoena legally requires you to appear for testimony or provide documents. In a car accident case, it often means you’ll be deposed as a witness or party. Your lawyer will prepare you for the deposition and help ensure your rights are protected throughout the legal process.

How Long After a Deposition Might a Settlement Be Reached?

There’s no fixed timeline. A settlement can happen days, weeks, or even months after a deposition. It depends on how the testimony impacts the case, the strength of the evidence, and whether both sides are motivated to avoid trial. Your lawyer will use the deposition to push for fair compensation.

Can I Drop My Claim After a Deposition?

Yes, you can choose to drop your personal injury claim after a deposition, but it’s important to speak with your lawyer first. Dropping a claim ends your right to seek compensation. Your attorney can explain the consequences and whether settlement negotiations or trial remain worthwhile.

Do You Need an Attorney Present for a Deposition?

Yes, having a lawyer at your deposition is highly recommended. Your attorney protects your rights, prepares you for questioning, and can object to improper questions. Without legal representation, you risk saying something that may harm your case or weaken your chances of recovering compensation.

How Long Does a Deposition Last?

Most depositions last a few hours, but complex cases may take longer. The length depends on the number of questions, how many issues are being covered, and whether multiple attorneys are involved. Your lawyer will let you know what to expect and guide you throughout the entire legal process.

What Do I Do After a Car Accident?

Immediately after an automobile accident, seek medical attention, call the police, and document the accident scene with photos. Exchange insurance and contact information with the other driver. Don’t admit fault. Then, contact an experienced car accident attorney who can help protect your rights and start your personal injury claim.

Should I Give a Statement to the Insurance Company?

No, not without first speaking to a car accident lawyer. Insurance adjusters may try to use your words against you. Your attorney can communicate with the insurance company on your behalf and make sure you don’t say anything that could reduce your compensation or harm your claim.

How Long Will It Take to Get Compensated for a Car Accident Lawsuit?

It depends. Some cases settle within months, while others may take over a year, especially if a trial is necessary. Factors include injury severity, disputed liability, and how willing the insurance company is to settle. Your lawyer will keep you informed and fight for timely compensation.

Consult Our Chicago Car Accident Lawyers

If you’ve been injured in a car accident and have questions about your deposition or the claims process, contact our Chicago car accident lawyers for a free, no-obligation consultation.

At Rosenfeld Injury Lawyers, we work on a contingency fee basis—meaning you pay nothing unless we recover compensation for you. Our experienced attorneys understand how to handle depositions, negotiations, and trials to fight for your best outcome.

Call our legal team at (888) 424–5757 or fill out our contact form to schedule your free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.