What Happens After a Deposition in a Slip and Fall Case?

You sat in a conference room for hours answering questions about your fall. The attorney asked about everything from what you ate that morning to the exact position of your feet when you hit the ground. Now the deposition is over, and you're wondering what comes next.

The deposition might feel like the climax of your case, but it's actually just one milestone in a longer process. What happens in the weeks and months following your deposition can determine whether you settle your case, go to trial, or somewhere in between. Understanding these next steps helps you know what to expect and how to prepare.

What Is a Deposition and Why Does It Matter?

A deposition is sworn testimony given outside of court, transcribed by a court reporter, and sometimes recorded on video. In New York slip and fall cases, depositions are part of the discovery process, which is when both sides gather information and evidence before trial.

During your deposition, the defense attorney asked you questions to understand your version of events, assess how you'll come across to a jury, and lock in your testimony. Any inconsistencies between what you said in your deposition and what you might say later can be used to challenge your credibility.

The same goes for the property owner or manager. Their deposition reveals what they knew about the hazardous condition, when they knew it, and what they did (or didn't do) about it. This testimony often becomes crucial evidence in proving negligence.

Under New York Civil Practice Law and Rules Article 31, depositions allow attorneys to evaluate the strength of each side's case before investing in a trial. The information gathered during depositions shapes nearly every decision that follows.

What Happens With the Deposition Transcript?

Within about 30 days after your deposition, you'll receive a written transcript of everything that was said. This document matters because it becomes an official record of your testimony.

You typically have 30 to 60 days to review the transcript and submit what's called an errata sheet. This is your opportunity to correct any errors in the transcript, like misspellings of medical terms or factual mistakes. You need to note what you're changing and why. These aren't opportunities to change your story because you realized you said something unhelpful. They're for genuine errors or clarifications.

If you don't review your transcript within the allowed timeframe, you generally lose the right to make corrections later. Your attorney will guide you through this review process, but take it seriously. Even small inaccuracies can become problems down the road.

The defense gets the same opportunity to review and correct their witnesses' transcripts. Sometimes these corrections reveal attempts to walk back damaging admissions, which your attorney can use strategically.

Does Discovery Continue After Your Deposition?

Your deposition doesn't mark the end of discovery. In fact, testimony often reveals new avenues for investigation.

Maybe you mentioned a witness the defense didn't know about. Perhaps you referenced medical treatment your attorney needs to request records for. The property owner might have mentioned surveillance footage or maintenance logs that need to be subpoenaed.

Both sides continue exchanging documents, answering written questions (called interrogatories), and potentially conducting additional depositions. If your case involves complex medical issues, you might need to undergo an independent medical examination requested by the defense.

Discovery has deadlines set by the court or agreed upon by the attorneys. These timelines keep the case moving forward and prevent endless delays. In New York Supreme Court cases, judges issue scheduling orders that specify when all discovery must be completed.

When Do Expert Witnesses Get Involved?

After fact discovery wraps up (depositions, documents, and other evidence), the case moves into the expert disclosure phase. This is when both sides reveal their expert witnesses and what those experts will say.

In slip and fall cases, experts typically fall into two categories:

• Medical experts testify about your injuries, treatment, prognosis, and how the fall caused your condition.
• Liability experts, often engineers or safety specialists, testify about the hazardous condition and whether the property owner should have known about it or fixed it.

Your attorney's medical expert might review your MRI results, treatment records, and deposition testimony to explain how the fall caused your herniated disc or traumatic brain injury. They'll also project future medical needs and costs.

The defense will have their own medical expert, usually arguing your injuries aren't as severe as claimed or weren't caused by the fall. They might point to pre-existing conditions or argue you would have developed these problems anyway.

Liability experts examine the scene, review photographs, and analyze maintenance records. They might testify about industry standards for inspecting floors, clearing snow and ice, or lighting stairways. These experts help establish whether the property owner breached their duty to maintain safe premises.

Expert reports must detail the expert's qualifications, opinions, and the factual basis for those opinions. These reports are exchanged between the parties within timeframes set by the court, usually 30 to 90 days after fact discovery closes.

The quality and credibility of expert testimony can make or break a slip and fall case. Strong experts who can explain complex concepts clearly to a jury add significant value to your case.

What Are Summary Judgment Motions?

After depositions and discovery, the defense often files a motion for summary judgment. This is a request asking the judge to dismiss your case without a trial because there's no genuine dispute about the material facts.

In slip and fall cases, defendants argue they had no notice of the dangerous condition, the hazard was open and obvious, or you were entirely at fault for your injuries. They'll cite deposition testimony and other evidence to support these arguments.

This is where your deposition testimony becomes critical. If you couldn't describe the hazard clearly, or if you admitted you weren't paying attention, the defense will use that against you. Conversely, if the property owner's deposition revealed they knew about the dangerous condition and ignored it, that strengthens your opposition to their motion.

Your attorney will file opposition papers, presenting evidence that disputes the defendant's version and shows there are factual questions a jury needs to decide. This might include photographs of the hazard, maintenance records showing prior complaints, or expert opinions about notice.

New York courts grant summary judgment in about 25 percent of personal injury cases. The standard is high. The judge must find that no reasonable jury could rule in your favor based on the evidence. If there's any legitimate factual dispute, the case survives and moves forward.

Cases like Espinal v. Melville Snow Contractors, decided by New York's highest court, established that property owners need actual or constructive notice of a hazardous condition to be held liable. Constructive notice means the condition existed long enough that the owner should have discovered and fixed it through reasonable inspection. Your deposition testimony about how long the hazard was present becomes crucial in meeting this standard.

Recent Appellate Division decisions continue to emphasize that plaintiffs need concrete evidence, not speculation, about how long a hazard existed. Vague testimony that a spill "looked old" often isn't enough.

Could Your Case Settle After Depositions?

Many slip and fall cases settle after depositions are completed. In fact, about 68 percent of personal injury cases in New York settle before trial, with most settlements occurring after discovery wraps up.

Depositions give both sides a clearer picture of the case's strengths and weaknesses. The defense sees how you'll present to a jury. They evaluate whether you're credible, sympathetic, and consistent. They also assess their own witnesses and whether their testimony helps or hurts.

Your attorney uses deposition testimony to demonstrate liability and damages. If the property manager admitted they hadn't inspected the area in weeks, or if their own witness saw the hazard before your fall, that's powerful leverage in settlement negotiations.

The defense's insurance company typically evaluates the case more seriously after depositions. They calculate the risk of losing at trial versus the cost of settling. If your injuries are well-documented and the liability evidence is strong, they're more likely to make a reasonable offer.

Settlement amounts in slip and fall cases vary widely based on injury severity, medical costs, lost wages, and how liability shakes out. National data shows average settlements between $30,000 and $60,000, but New York cases often run higher, particularly in New York City counties where jury verdicts tend to be more generous to injured plaintiffs.

Your attorney will discuss any settlement offers with you and provide guidance about whether an offer is fair given your injuries and the strength of your case. The decision to settle or continue toward trial is ultimately yours.

What Is Mediation and When Does It Happen?

Many New York courts push cases toward mediation after discovery concludes. Mediation is a process where a neutral third party (the mediator) helps both sides try to reach a settlement.

Unlike a judge, the mediator doesn't decide who wins. Instead, they facilitate negotiations, help each side understand the other's perspective, and work toward compromise. Mediation is typically voluntary, though some courts require it as part of case management.

The mediation process usually takes a full day. Both sides present their cases to the mediator, who then shuttles between separate rooms making proposals and counterproposals. The mediator might point out weaknesses in each side's case to encourage realistic expectations.

About 85 percent of New York civil cases that go to mediation settle. The process works because it forces both sides to confront the risks of trial. You might win big at trial, but you might also lose completely. Settlement provides certainty.

Mediation typically occurs several months after depositions conclude, once expert reports are exchanged and everyone has a complete picture of the case. Your attorney will prepare you for mediation by explaining the process and discussing a realistic settlement range.

If mediation doesn't result in settlement, the case continues toward trial. But the conversations during mediation often lay groundwork for settlement later, even on the courthouse steps before trial begins.

What If Your Case Doesn't Settle?

If settlement negotiations and mediation don't resolve your case, it moves toward trial. This process involves several more steps.

The court schedules a pre-trial conference where the judge confirms the case is ready for trial. Both sides exchange their final witness lists, exhibit lists, and proposed jury instructions. Your attorney prepares demonstrative exhibits like enlarged photographs, medical illustrations, or day-in-the-life videos showing how your injuries affect your daily activities.

Jury selection happens first at trial. Attorneys question potential jurors to identify biases and select people who can fairly evaluate the evidence. In slip and fall cases, attitudes about personal responsibility matter. Some people think anyone who falls should have been more careful, while others are more sympathetic to injured plaintiffs.

During trial, your attorney presents evidence proving the property owner owed you a duty of care, breached that duty by allowing a dangerous condition to exist, and that breach caused your injuries. The defense argues they weren't negligent, you caused your own fall, or your injuries aren't as serious as claimed.

Your deposition testimony often comes up during trial. If you testify differently than you did in your deposition, the defense will use that inconsistency to attack your credibility. This is why being truthful and consistent from the start matters so much.

The jury decides whether the defendant was negligent and, if so, how much compensation you should receive. New York follows a pure comparative negligence rule, meaning you may recover damages even if you were partially responsible for your fall. Any award is reduced by your percentage of fault.

From deposition to trial typically takes 12 to 24 months in New York Supreme Court, though timelines vary by county and case complexity.

How Do Falls Impact Long-Term Health?

Falls cause about 46,000 deaths annually in the United States and result in over one million emergency room visits among adults 65 and older. The economic burden of fall injuries exceeds $150 billion yearly when accounting for medical costs and lost productivity.

In New York alone, more than 250,000 people are hospitalized each year due to fall-related injuries. These aren't just bruises and sprains. Falls cause fractures, traumatic brain injuries, spinal cord damage, and soft tissue injuries that can lead to chronic pain and disability.

Research shows that about 40 percent of people who suffer fall injuries develop chronic problems. A fractured hip might heal, but the person never regains their prior mobility. A concussion might resolve, but cognitive issues persist. These long-term consequences are why medical experts play such an important role in slip and fall cases.

Your medical records, treatment history, and expert testimony establish not just what happened immediately after your fall, but how it changed your life going forward. This evidence supports claims for future medical expenses, ongoing pain and suffering, and permanent limitations.

What Makes Slip and Fall Cases Different From Other Injury Claims?

Slip and fall cases present unique challenges that affect what happens after your deposition.

Property owners have a duty to maintain reasonably safe premises, but they're not insurers of your safety. New York law requires proof that they had notice of the dangerous condition. This is often the biggest hurdle in these cases.

Actual notice means someone told the property owner about the hazard or they personally observed it. Constructive notice means the condition existed long enough that reasonable inspection would have discovered it. If you slipped on a grape that fell on the supermarket floor two minutes earlier, there's likely no constructive notice. If that grape was there for two hours, there probably is.

Your deposition testimony about the condition of the hazard becomes critical. Was the spill dried and tracked through? Was the snow packed down and icy? These details help establish how long the condition existed.

Defense attorneys also focus heavily on whether the hazard was open and obvious. If a reasonable person in your position would have seen and avoided the danger, that can defeat your claim. However, even open and obvious hazards can be actionable if you were distracted by something the property owner created or if you had no safe alternative path.

Comparative fault is another major factor. If you were texting while walking, wearing inappropriate footwear, or ignoring warning signs, the jury might find you partially responsible. In New York, being more than 50 percent at fault means you recover nothing.

These unique aspects of premises liability law make the post-deposition phase particularly important. The evidence gathered during discovery and the strength of expert testimony often determine whether you can overcome these defenses.

How Should You Prepare for What Comes Next?

While your attorney handles the legal strategy, you play an important role in the post-deposition phase of your case.

Continue following your doctor's treatment recommendations. Gaps in treatment give the defense ammunition to argue your injuries aren't serious. If you claim a back injury prevents you from working but you skip physical therapy appointments, that inconsistency will be used against you.

Document how your injuries affect your daily life. Keep a journal noting pain levels, activities you can no longer do, and how your limitations affect your family and work. This contemporaneous documentation is more credible than trying to recall everything months later at trial.

Be careful with social media. Defense attorneys routinely search for posts, photos, and check-ins that contradict your injury claims. A photo of you smiling at a family gathering doesn't prove you're not in pain, but defense lawyers will use it to suggest you're exaggerating. The safest approach is to stay off social media entirely until your case resolves.

Stay in communication with your attorney. Respond promptly to requests for information or documents. Attend any independent medical examinations the defense requests, even though they're inconvenient and often feel adversarial. Failing to appear can result in your case being dismissed.

If you receive a settlement offer, take time to carefully consider it with your attorney. Don't let impatience or financial pressure push you into accepting an inadequate amount. Once you settle, you can't reopen the case if your injuries turn out to be worse than expected.

What Happens If You Win at Trial?

If your case goes to trial and the jury rules in your favor, you receive a verdict specifying the amount of damages awarded. This includes compensation for medical expenses, lost wages, pain and suffering, and potentially future damages.

The defendant can file post-trial motions asking the judge to reduce the award or order a new trial. These motions are granted infrequently but can delay final resolution.

If the verdict stands, it becomes a judgment. The defendant (or more likely, their insurance company) should pay the judgment. If they don't, your attorney can pursue collection actions like wage garnishments or liens on property.

The defendant also has the right to appeal. Appeals in New York go to the Appellate Division and can take a year or more to resolve. During an appeal, the defendant might be required to post a bond to ensure funds are available if the verdict is upheld.

If you lose at trial, you can also appeal, though overturning a jury verdict is difficult. Appellate courts generally defer to jury findings unless there were significant legal errors during the trial.

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Summing It Up

The deposition is an important milestone in your slip and fall case, but it's not the finish line. What comes after determines whether your case settles, goes to trial, or gets dismissed.

In the weeks following your deposition, you'll review the transcript for accuracy, and discovery will continue as both sides gather any remaining evidence. Expert witnesses will be disclosed, providing crucial testimony about your injuries and the property owner's negligence.

The defense will likely file motions trying to dismiss your case, arguing there's no genuine dispute about the facts. Your attorney will oppose these motions with evidence from depositions, documents, and expert reports. If your case survives these challenges, settlement negotiations typically intensify.

Most cases settle before trial, often through mediation where a neutral party helps both sides reach agreement. Settlement provides certainty and avoids the risk and stress of trial. But if your case doesn't settle, it proceeds to trial where a jury decides the outcome.

Throughout this process, your credibility matters. Consistency between your deposition testimony and everything else you say and do protects your case. Following medical advice, documenting your limitations, and staying off social media all contribute to a stronger position.

The timeline from deposition to resolution typically runs six months to two years, depending on case complexity, court schedules, and whether the case settles or goes to trial. Patience is frustrating but necessary.

Your attorney guides you through each stage, but understanding what's happening and why helps you make informed decisions about settlement offers and trial. The deposition provided a snapshot of your case. What happens next develops that picture into full resolution, whether through negotiated settlement or jury verdict. You don't have to navigate this by yourself. Call 833-PORTER9, contact us through our website, or email us at info@porterlawteam.com to get started.