You answered questions under oath for what felt like hours. Now that your car accident deposition is behind you, you’re probably wondering what comes next and how your testimony affects your case.
The deposition itself is only one step in a longer process. What happens afterward depends on what both sides learned and whether the testimony strengthens or complicates the path to settlement. An experienced car accident lawyer can help you interpret the results and prepare for whatever comes next.
At Wyant Law, we guide clients through every phase of the litigation process, from discovery through resolution.
Key Insights on the Post-Deposition Process
- A deposition does not end your case. It marks the midpoint of the discovery phase, with several steps still ahead before resolution.
- Testimony from depositions often triggers renewed settlement discussions. Both sides now have a clearer picture of how the case might play out at trial.
- Your attorney receives a written transcript of your testimony, which becomes part of the official case record and may be used in future proceedings.
- Cases may settle within weeks of depositions or continue toward trial. The timeline depends on the strength of evidence and the willingness of both parties to negotiate.
- A car accident attorney can evaluate how your deposition went and advise on the best strategy moving forward.
What Is a Deposition and Why Does It Matter?
Before exploring what happens next, it helps to review what a deposition accomplishes. A deposition is sworn testimony given outside of court, typically at an attorney’s office. A court reporter records every word, creating an official transcript. Under the Federal Rules of Civil Procedure, depositions allow attorneys to question witnesses under oath before trial, and most states follow similar procedures.
Both sides use depositions to learn about the case before trial. The opposing attorney asks you questions about the accident, your injuries, your medical treatment, and how the crash has affected your life.
Depositions serve several purposes in a car accident lawsuit:
- They lock in testimony. Whatever you say under oath becomes part of the record and may be used later to challenge inconsistencies.
- They reveal the strengths and weaknesses of each side’s case.
- They help attorneys evaluate what a jury might think of a witness.
- They often prompt more realistic settlement discussions.
Your deposition gives the insurance company and defense attorney their first direct look at you as a witness. How you present yourself, how clearly you describe events, and how you handle difficult questions all factor into their assessment of the case.
The Transcript Review Process
Within a few weeks after your deposition, the court reporter produces a written transcript of your testimony. Your attorney receives a copy, as does the opposing counsel.
Reviewing for accuracy
You typically have the right to review the transcript and note any errors. This process is called “reading and signing.” Errors might include misspelled names, incorrect dates, or words the court reporter misheard.
Corrections are limited to genuine mistakes in transcription. You generally cannot change your answers simply because you wish you had said something differently.
How attorneys use the transcript
Both legal teams analyze the transcript carefully. Your attorney looks for strengths to emphasize and any areas that might need clarification. The defense attorney looks for inconsistencies, admissions, or testimony that supports their client’s position.
If your case goes to trial, attorneys may read portions of deposition testimony to the jury. They may also use it to challenge a witness whose trial testimony differs from what they said during the deposition.
The Deposition’s Impact on Settlement Talks
Depositions often change the dynamics of settlement talks. Both sides now have sworn testimony to consider, which typically makes the value of the case clearer.
Factors that may increase settlement offers
Strong deposition testimony can push the insurance company toward a better offer. Signs that your deposition went well include:
- You provided clear, consistent answers about how the accident happened.
- You described your injuries and their impact on your life in specific, believable terms.
- You remained calm and credible under cross-examination.
- Your testimony aligned with medical records and other evidence.
When the defense sees a sympathetic, well-prepared plaintiff, they recognize the risk of taking the case to a jury.
Factors that may complicate negotiations
Depositions can also reveal problems that affect your claim’s value. The defense may use your testimony to argue for a lower settlement if:
- You made statements that contradict your medical records.
- You admitted to facts that suggest shared fault for the accident.
- You struggled to recall key details about the crash or your injuries.
- Your description of pain and limitations seemed exaggerated compared to documented evidence.
Even if some issues arose, your attorney can work to address them and refocus negotiations on the strengths of your case.
Possible Next Steps After Deposition
Once depositions conclude, your case may take one of several paths. The direction depends on what both sides learned and how motivated they are to resolve the matter.
Continued discovery
Depositions are part of the broader discovery phase. Additional steps may include:
- Requests for more documents, such as medical records or employment files
- Interrogatories, which are written questions requiring written answers
- Depositions of expert witnesses, such as medical professionals or accident reconstruction analysts
- Independent medical examinations requested by the defense
Discovery continues until both sides have gathered the information they need to evaluate the case fully.
Mediation or settlement conferences
Many courts require or encourage mediation before trial. Mediation involves a neutral third party who helps both sides explore settlement options. It is a flexible process where a trained mediator facilitates communication without imposing a decision.
Mediation sessions typically occur after discovery concludes. The mediator does not decide the case but facilitates negotiation between the parties. Many car accident cases resolve at this stage.
Pre-trial motions
Either side may file motions asking the court to rule on specific issues before trial. Common pre-trial motions include:
- Motions for summary judgment, asking the court to decide the case based on existing evidence
- Motions to exclude certain evidence or testimony
- Motions to limit what topics may be discussed at trial
These motions can significantly shape how a trial proceeds or even resolve the case entirely.
When Your Car Accident Case Goes to Trial
Most car accident cases settle before trial. However, if the insurance company refuses to offer fair compensation, taking your case before a jury may be the best path forward.
How deposition testimony gets used in court
Your deposition transcript becomes a tool at trial. Attorneys use it in several ways:
- To refresh a witness’s memory about details they discussed months earlier
- To challenge testimony that differs from what the witness said under oath during the deposition
- To read testimony directly to the jury if a witness is unavailable
If you testify at trial and your answers differ from your deposition, the opposing attorney may point out the inconsistency. This is called impeachment. Consistent testimony between your deposition and trial strengthens your credibility with the jury.
The role of expert witnesses at trial
Expert witnesses often play a significant role in car accident trials. These professionals provide specialized knowledge that helps the jury understand technical aspects of your case.
Depending on the details of your case, your attorney may call on several types of experts:
- Medical experts testify about the nature and extent of your injuries, the treatment you received, and your prognosis for recovery. Their testimony connects your medical records to the real-world impact on your life.
- Accident reconstruction analysts use physics, engineering, and evidence from the crash scene to explain how the collision occurred and who bears responsibility.
- Economic experts calculate your past and future financial losses, including lost wages, reduced earning capacity, and the cost of ongoing medical care.
Each of these experts typically gives a deposition before trial. The opposing attorney uses those depositions to prepare cross-examination questions and identify weaknesses in the expert’s opinions. At trial, both sides may challenge expert testimony or use deposition transcripts to highlight inconsistencies.
What to expect during trial
A car accident trial typically unfolds over several days. Both sides present opening statements, examine witnesses, introduce evidence, and deliver closing arguments.
You may be called to testify about the accident, your injuries, and how the crash has affected your daily life. Your attorney prepares you for this testimony, often reviewing your deposition transcript to ensure consistency.
After both sides rest, the jury deliberates and returns a verdict. If the verdict favors you, the court enters a judgment for damages. The defense may appeal, which can extend the timeline further.
Timeline: What to Expect After Your Deposition
One of the most common questions clients ask is how long the process takes after a deposition. There is no single answer, but general patterns exist.
Short-term (weeks to a few months)
In the weeks following your deposition, you may see:
- The transcript delivered to your attorney for review
- Renewed settlement discussions based on deposition testimony
- Additional discovery requests or depositions of other witnesses
Some cases settle quickly after depositions, especially when testimony clarifies liability and damages.
Medium-term (several months)
If the case does not settle right away, the following months may involve:
- Mediation sessions scheduled by the court or agreed upon by both parties
- Pre-trial motions filed and argued
- Expert witness depositions completed
- Final settlement negotiations before trial preparation begins
Long-term (a year or more)
Cases that proceed to trial often take a year or longer from the date of the accident. Factors that extend the timeline include disputes over liability, severe or ongoing injuries, and crowded court dockets.
Your attorney keeps you informed throughout the process and helps you weigh the benefits of settling against the potential outcome at trial.
Preparing for What Comes Next After a Car Accident Deposition
The weeks and months following your deposition require continued attention to your case. A few practical steps help protect your claim as the litigation moves forward.
- Stay in regular contact with your attorney. They may need additional information from you, or developments in the case may require quick decisions. Respond promptly to calls, emails, or document requests.
- Continue all medical treatment your doctors recommend. Gaps in treatment raise questions about the severity of your injuries. Insurance adjusters look for periods when you skipped appointments, and they may argue that those gaps prove your injuries were less serious than claimed.
- Avoid posting on social media about your accident, injuries, or daily activities. Defense attorneys routinely search plaintiffs’ profiles for posts that contradict deposition testimony. A photo or comment may be taken out of context and used to undermine your credibility.
- Keep detailed records of your ongoing expenses and limitations. Save receipts for medical costs, prescriptions, and equipment. Journal or record how your pain and suffering prevented you from working or enjoying activities you did before the accident.
Under the Indiana Rules of Trial Procedure, your attorney must provide the defense with documentation supporting your claimed damages. The more thorough your records, the stronger your case for compensation. Organized receipts, expense logs, and notes about your daily limitations gives your attorney concrete evidence to present during settlement negotiations or at trial.
Common Questions After a Car Accident Deposition
Not necessarily. A deposition marks an important milestone, but it typically occurs during the middle of the litigation process. Settlement, mediation, or trial may still lie ahead depending on how negotiations proceed.
Minor misstatements rarely derail a case. If you misspoke or realized later that an answer was inaccurate, tell your attorney right away. They may be able to address the issue through a corrective statement or by clarifying the matter in future proceedings.
Your attorney can give you honest feedback after reviewing the transcript. Positive signs include consistent answers, clear descriptions of your injuries, and composure under pressure. Even if some questions were difficult, a strong overall performance supports your case.
Many insurance companies reassess their position after depositions. If your testimony strengthened your case, a new or improved settlement offer may follow. If the defense believes they uncovered weaknesses, they may hold firm or even reduce their offer.
The opposing party also gives a deposition. If their testimony reveals inconsistencies, admissions of fault, or lack of credibility, your attorney can use that information to strengthen your position in settlement talks or at trial.
Talk to an Attorney About Your Case
The period after a deposition often brings new developments. Settlement offers may arrive, or the case may move toward trial. Either way, having a knowledgeable attorney in your corner makes a difference.
Attorney Chris Wyant has over 20 years of experience guiding clients through car accident litigation. Contact Wyant Law today at (317) 683-0333 or contact us online for a free consultation and take control of your car accident case today.