Rosenbaum Personal Injury Lawyers | May 26, 2025 | Depositions
If you’ve filed a personal injury lawsuit in New York, you may already know that the process involves several stages. One of those is the deposition, where both sides ask questions and gather sworn testimony outside of court. But what comes next?
Learning about what happens after the deposition can help you prepare for the next steps and stay informed about your case. Below is an overview of what you can expect after the deposition phase of a personal injury lawsuit in New York.
What Is a Deposition?
A deposition is part of the discovery process, where each side collects evidence to support their case. It typically involves answering questions under oath while attorneys from both sides are present. The person giving the testimony might be the injured plaintiff, the defendant, a medical expert, or an eyewitness.
Depositions are recorded and transcribed by a court reporter. These statements can be used later in settlement negotiations or even at trial.
Once this phase is complete, the case starts to move toward a possible resolution, either through settlement or trial.
What Comes Next After the Deposition?
After depositions are taken, your attorney will review everything that was said. This can be a critical moment in your case. The goal is to determine how strong the evidence is and whether the testimony helps or hurts your claim.
Here’s what usually happens next:
Evidence Review and Case Evaluation
Your lawyer will examine the transcript of the deposition to assess the strengths and weaknesses of your case.
This includes:
- Looking for inconsistencies in the other party’s statements
- Using expert testimony to support your version of events
- Assessing whether new facts came out during the deposition
Based on this analysis, your lawyer will help you decide whether to continue settlement discussions or move forward toward trial.
Settlement Negotiations
Depositions can sometimes change the direction of a case. For example, if a defendant admits fault or contradicts earlier statements, it could increase your chances of receiving a fair settlement.
If both sides believe a resolution is possible, they might engage in settlement negotiations. This can happen through informal discussions, mediation, or sometimes court-ordered conferences.
Most personal injury cases in New York settle before reaching trial, especially after the discovery phase.
Filing or Responding to Motions
If the case isn’t resolved through settlement, either party may file legal motions. One common motion is a motion for summary judgment, which asks the judge to decide the case based on the evidence already gathered, without going to trial.
Other motions might involve requests to exclude certain evidence or challenge the credibility of expert witnesses.
Trial Preparation
If your case proceeds to trial, the court will schedule dates and set deadlines for both parties.
Your lawyer will begin preparing by:
- Creating a strategy for presenting your case
- Organizing exhibits and evidence
- Preparing witnesses to testify
- Developing cross-examination questions for the defense
Trial preparation takes time and resources, and it’s common for both parties to revisit settlement talks during this period.
Trial
If all attempts to resolve the case fail, it will go to trial. This is the stage where both sides present their arguments in court, and a jury (or judge in a bench trial) decides the outcome.
Your deposition testimony may be used at trial, especially if your statements conflict with what you say on the stand. That’s why it’s so important to be honest and accurate during the deposition process.
Contact New York Personal Injury Lawyers at Rosenbaum Personal Injury Lawyers For More Help
Personal injury lawsuits in New York involve many stages, and the time after the deposition is one of the most important. Whether your case settles or goes to trial, having a skilled lawyer can make all the difference. Most personal injury attorneys offer free consultations and work on a contingency fee basis, meaning they only get paid if you do.
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our personal injury lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
