What happens after the deposition?
After a car accident 4 years ago my daughter is finally hoping she is at the end of this lawsuit. She was the passenger in a car that had no seat belts and went into the windshield she was clearly injured and we have neurological tests etc and brain scans to prove that but it has gone on forever! We were hoping they would just offer a settlement after getting the demand package a few months ago but they want to depose her next month. What does this mean and what might we expect to happen after the deposition ? Will tehy decide if they want to face her in court or offer a settlement? After they make an offer and we accept how long would it take to actually see a check?
1 Answer from Attorneys
Re: What happens after the deposition?
By the tone and content of your message, it sounds like you're trying to handle this without an attorney. If you DO have an attorney for your daughter, THAT is the person who should be answering these questions. If she DOESN'T have a lawyer, then that's the first thing to do: Get her a lawyer, and do it FAST, before the insurance company starts making offers. Problem is , the companies often make lowball offers to people who are unrepresented, and THEN it's MUCH more difficult for a lawyer to take it over. The water is already quite muddy at that point, and it's much tougher, I've found, to get an insurance company to pay FAIR VALUE, once they start making offers. It increases the probability that in order to get a fair shake from the insurance company, you'll have to be prepared to actually go to trial.
The answers to your other questions, about what does it mean about taking a deposition, etc, are impossible to answer without knowing a great deal more about the detailed facts of this case.
I also get the impression from your note that this injury is at least moderately serious. I presume your daughter is a minor as well. This means you have a "fiduciary duty" -- the highest duty -- to take care of her affairs responsibly.
No insult intended here, but if it IS a significant injury and you're not hiring a lawyer for your minor child, I'd recommend you do so now. You ought to hire a lawyer who handles personal injury entirely, or at least predominantly, rather than a general lawyer who does a little of this and a little of that.
Good luck, and call a lawyer! At least get a free consultation -- virtually all injury lawyers offer that.