If you've just finished giving your deposition in a personal injury case, you might be wondering what comes next. The deposition can feel like a milestone, and in many ways it is. You've spent hours answering questions under oath, recounting the accident, your injuries, and how your life has changed. It's natural to hope the end is finally in sight.
But here's the reality: the deposition is really just one step in a longer process. What happens after depends on the strength of your testimony, what the other side's witnesses said, and whether both parties can agree on a fair settlement. Understanding the road ahead can help you prepare mentally and practically for what's still to come.
Wrapping Up the Rest of Discovery
Depositions are part of what lawyers call the discovery phase. This is the period when both sides gather evidence, exchange documents, and question witnesses to build their cases. Your deposition might be done, but other discovery tasks often remain.
In New York personal injury cases, courts frequently set deadlines that tie everything together. After your deposition, the defense might schedule an independent medical examination to have their own doctor evaluate your injuries. There could be outstanding document requests, like additional medical records or employment files. Sometimes the defense will depose your treating physicians or other witnesses who can speak to your condition and limitations.
Court case management orders usually specify when all of this needs to wrap up. The idea is to keep cases moving forward rather than dragging on indefinitely. Once discovery closes, both sides have most of the information they'll get before trial. That's when the real decision-making begins about whether to settle, file motions, or prepare for a jury.
The Note of Issue and Certificate of Readiness
When discovery is complete, your attorney will file something called a note of issue and certificate of readiness. This is essentially a formal statement to the court that says, "We're done gathering evidence and we're ready to move toward trial."
Filing this document officially closes the discovery period and puts your case on the court's trial calendar. There's a filing fee involved, and the note of issue gets served on the defense so everyone knows the case is advancing. New York's court system uses this filing to track cases and make sure they don't stall out in discovery forever.
The timing matters because courts often set specific deadlines for when the note of issue must be filed after depositions and medical exams are completed. Missing these deadlines can create problems, so this is something your lawyer will be watching closely.
Summary Judgment Motions
After depositions are finished, don't be surprised if the defense files a motion for summary judgment. This is a request asking the judge to throw out some or all of your claims without going to trial. The argument is usually that, even if everything you said is true, you still don't have a legally valid case.
These motions rely heavily on deposition testimony. The defense will comb through transcripts looking for admissions, contradictions, or gaps in your story that they can use to argue your case is weak. They'll attach excerpts from depositions to their motion papers, along with medical records and other evidence, trying to convince the judge there's no genuine dispute about the key facts.
If the judge grants summary judgment, part or all of your case could be dismissed. If the motion is denied, the case continues toward trial. Either way, how you and other witnesses performed during depositions plays a huge role in the outcome. Strong, consistent testimony makes it much harder for the defense to win summary judgment. Contradictions or memory lapses can create openings they'll quickly exploit.
This is also when many cases settle. Both sides can see the evidence laid out clearly in the motion papers. If the defense realizes their summary judgment motion is weak, they may come back with a better settlement offer. If your side sees vulnerabilities in your case, it might be time to realistically consider what the defense has offered.
How Depositions Shape Settlement Negotiations
Settlement talks can happen at any point in a lawsuit, but they often intensify after depositions. That's because depositions strip away the uncertainty. Everyone now knows what each witness will say, how credible they seem, and whether there are holes in either side's version of events.
A strong deposition performance by you and your witnesses gives your attorney leverage. If you came across as honest, detailed, and sympathetic, the defense has to worry about how a jury will react. They might increase their settlement offer to avoid that risk.
On the flip side, if your deposition revealed problems, like inconsistencies with what you told doctors or difficulty explaining key details, the defense will feel more confident about going to trial. Your attorney will be candid with you about these issues because they directly affect what your case is worth.
Many courts in New York also hold settlement conferences where a judge or mediator tries to help both sides reach an agreement. These conferences are more common after discovery closes because that's when everyone has the clearest picture of the case. The deposition transcripts often get referenced during these discussions as both sides debate what a jury is likely to believe.
Pretrial Conferences and Preparing for Trial
If your case doesn't settle and survives any summary judgment motions, the court will schedule pretrial conferences to get ready for trial. These conferences handle practical matters like how long the trial will take, which witnesses will testify, what evidence will be presented, and when jury selection will begin.
Your attorney will use this time to prepare you and other witnesses for testifying in court. Live testimony at trial is different from a deposition. You'll be in front of a jury, and how you present yourself matters significantly. Your lawyer will go over the key points of your testimony, review the deposition transcript with you so there are no surprises, and help you feel more comfortable answering questions in a courtroom setting.
Experts often play a big role at this stage too. If you have a medical expert who will testify about your injuries, or a vocational expert who will explain how the accident affected your ability to work, they need to be prepared and available for trial. The defense will have their own experts, and the battle between competing expert opinions can determine the outcome of many cases.
What Actually Happens at Trial
If your case goes all the way to trial, it will start with jury selection. Potential jurors are questioned by the judge and attorneys to make sure they can be fair and impartial. Once a jury is chosen, both sides give opening statements explaining what they think the evidence will show.
Then comes witness testimony. You'll take the stand and answer questions from your attorney and then face cross examination from the defense. Medical providers, accident reconstruction experts, family members, and others may testify too. The defense will put on their own witnesses to tell their side of the story.
This is where your deposition can come back into play. If you say something at trial that contradicts what you said during your deposition, the defense will use the deposition transcript to impeach you in front of the jury. That's why consistency matters so much. Jurors lose trust in witnesses who seem to be changing their stories.
In some situations, if a witness is unavailable to testify at trial, portions of their deposition can be read to the jury instead. This doesn't happen often, but it's another reason why deposition testimony is treated so seriously.
After all the witnesses have testified and all the evidence is in, both sides give closing arguments. Then the judge instructs the jury on the law, and the jury deliberates until they reach a verdict. If they find in your favor, they'll decide how much compensation you should receive for your injuries.
The Timeline Can Be Longer Than You Expect
One of the hardest parts of personal injury litigation is how long everything takes. Even after your deposition is done, you might be looking at months before trial. Summary judgment motions take time to brief and decide. Settlement negotiations can stall. Trial dates get postponed because courts are backlogged or other cases run long.
This isn't anyone's fault. It's just the reality of how the court system works, especially in busy jurisdictions. Your attorney should keep you updated on what's happening and what the realistic timeline looks like. If you're feeling frustrated or anxious about how long things are taking, don't hesitate to ask questions. A good lawyer will explain what's causing delays and what steps are being taken to move your case forward.
Why Your Lawyer's Strategy Matters More Than Ever
After your deposition, your attorney's job shifts in important ways. They're no longer just gathering information. Now they're evaluating that information, identifying weaknesses in the other side's case, and building the strongest possible argument for why you deserve compensation.
This might involve consulting with experts to strengthen certain aspects of your claim. It might mean drafting detailed motion papers to defeat the defense's summary judgment motion. It definitely means preparing you and other witnesses to testify effectively if the case goes to trial.
Your lawyer is also constantly reassessing what your case is worth. Settlement values change as new information comes to light. A strong deposition might increase the value. Medical records showing your injuries are more serious than initially thought could do the same. On the other hand, if discovery reveals facts that complicate your case, the settlement value might adjust downward. Your attorney should be transparent with you about these evaluations so you can make informed decisions.
Deciding Whether to Settle or Go to Trial
At some point, probably after depositions and possibly after motions are decided, you'll need to make a serious decision about settlement. The defense might make an offer, or your attorney might recommend accepting a previous offer that's still on the table.
This is one of the most important decisions you'll make in your case. Trials are risky. Even strong cases can lose if a jury doesn't connect with you as a witness, or if the defense puts on a compelling expert, or if something unexpected happens during testimony. Settlement eliminates that risk. You know exactly what you're getting, and you get it much sooner than you would by going through trial and any potential appeals.
But settlement also means accepting less than what you might win at trial. And once you settle, you can't reopen the case later if your injuries turn out to be worse than anyone realized. These trade offs are deeply personal. Some people need closure and certainty. Others feel strongly about holding the defendant accountable through a jury verdict.
Your attorney can give you their professional opinion about whether settlement makes sense, but the final decision is always yours. Take time to think it through. Talk to family members if that helps. Make sure you understand what you're agreeing to and what you're giving up.
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Summing It Up
The deposition is a critical moment in any personal injury lawsuit, but it's rarely the end of the story. What comes next includes finishing up any remaining discovery, dealing with summary judgment motions, serious settlement negotiations, and possibly preparing for trial.
Each of these stages brings new challenges and decisions. The strength of your deposition testimony will influence almost everything that happens afterward, from how much the defense is willing to offer in settlement to whether a judge grants summary judgment to how persuasive you are in front of a jury.
If you're in the middle of this process, try to stay patient and stay in communication with your attorney. Ask questions when you don't understand something. Be honest about your concerns and what outcome would feel right to you. The legal system moves slowly, but with the right preparation and advocacy, it can deliver the compensation and accountability you deserve.
