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How Long after Deposition is Mediation in a Personal Injury Case?

April 20, 2020 | Personal Injury

If you or someone you care about has been injured due to the careless or negligent actions of another person, you may have to file a personal injury lawsuit in order to recover compensation for your losses. However, this process can become complicated. While no two personal injury cases are the same, there is a general process involved:

  • Secure an attorney
  • Investigate the incident
  • Send a demand letter
  • File a personal injury lawsuit (if demand not met)
  • Discovery phase
  • Negotiations/mediation
  • Trial
  • Appeal (if necessary)

Many people wonder how long it will take for mediation to take place after depositions occur. If you have reached this point in your case, you are well into the process.

When Do Depositions Happen?

Depositions in a personal injury case will take place after an actual lawsuit is filed and during the “discovery” phase of the case. This is when attorneys for the plaintiff and the defendant will diligently investigate all aspects of the case.

A deposition is the sworn testimony provided by witnesses in a case and takes place in a question-and-answer format. A court reported will be present to transcribe the proceedings, and anyone giving the deposition will be under oath. Attorneys for both sides of the case will be present and be able to ask questions of the witnesses.

Depositions are a vital part of the trial preparation process because they allow attorneys on both sides to evaluate the strengths and weaknesses of their respective cases.

When Will Mediation Happen?

Mediation is a settlement and negotiation process used in most personal injury cases that reach this phase. In a mediation, both parties will come together after having evaluated all of the evidence and taken depositions from all parties involved. The mediator will be a neutral third-party facilitator who does not have the ability to make any binding decisions in the case.

There is no specific timeframe for how quickly after depositions are taken for when mediation will occur. The mediation will occur when both parties have a thorough understanding of the strengths and weaknesses of the case. It should be noted that a vast majority of cases are settled through some form of a mediated settlement. Most cases never make it to trial. By the time depositions are taken, it is likely that both parties understand how a jury will view the evidence.

Do You Need an Attorney for this Process?

It is almost always going to be recommended that an injury victim secure a personal injury attorney to help them through a lawsuit. In most cases, an injury victim will not have the legal knowledge or resources necessary to properly investigate their own case and pursue maximum compensation. An attorney will handle every aspect of the case.

They will be able to prepare their client for a deposition properly and be ready to question all other witnesses in the case. A skilled personal injury lawyer will be trained to handle negotiations in these cases and will work to obtain maximum compensation. Importantly, an attorney will not be afraid to take a case to trial if necessary.

There is no set timeline for personal injury cases, but an attorney will stay in constant contact with their client throughout the entire process.