After you testify at a deposition for your workers’ compensation case, you may wonder what happens next. Or your lawyer may take the deposition of a doctor or another witness, and you want to know how that testimony will help your case. Sometimes, the time just after a deposition can be very important for your case.
After Your Deposition
When you testify at your deposition, you may go home after a couple of hours not knowing if you helped or hurt your case. Not all depositions have a big impact on the case. You may answer all the questions perfectly, yet the insurance company persists in denying you benefits.
Sometimes, though, your testimony may spur the insurance company to make a settlement offer. It may realize that you have a strong case made stronger by your deposition transcript. Alternatively, the deposition may have confirmed that your case is not so strong, and the insurance company wants to settle to avoid spending more money defending its claim denial. In either situation, you may hear from the company’s attorney within a couple of weeks after the deposition. If you have a lawyer, your lawyer should reach out to update you.
After a Witness’s Deposition
If your lawyer takes the deposition of a doctor or a witness for your employer, you may not hear much about the result. You may not even attend the deposition itself depending on your availability and what your lawyer says. In this situation, you should ask your lawyer what happened and how it impacts your case.
Taking the deposition of other witnesses besides you, the claimant, is not that common. Your lawyer may decide to take a deposition to get more information or confirm someone’s position on your case under oath. This can help you build a case in preparation for a workers’ compensation hearing. Also, deposition testimony that is damaging for the insurance company can lead to a better settlement. For example, a doctor may confirm the extent of your injuries or an employee may agree that you were injured at work.
Some additional things that occur after your workers’ comp deposition include:
1. A Transcript is Produced
During a deposition, it is recorded as a voice recording or on video. After the deposition is concluded, a stenographer will transcribe your statement and create a hard copy for all to review.
2. The Transcript is Reviewed and Modified
Each party and their attorneys will receive copies of the deposition that has been transcribed and review its content. If any revisions or clarifications of the recorded statement are needed, the stenographer will make the required modifications.
3. Attorney Will Review the Deposition with You
Once the deposition has been finalized, the court will ask your attorney to review the worker’s comp deposition with you. Then, you will have it to verify and support your claim. Your attorney will ask you questions as needed to ensure the statement includes all pertinent information and nothing has important been left out.
4. Additional Discovery Occurs if Needed
After the attorney looks over the transcript of the deposition and reviews it with you, he or she may pursue the verification of additional facts, speaking to other witnesses or performing other follow-ups. This may involve a continuing process of discovery.
5. Depositions are Reviewed for a Possible Settlement
After all discovery has been completed and all attorneys have gathered the information they need from the deposition, each side will determine whether it is prudent to come to a workers’ comp deposition settlement or if they have a case with sufficient basis to go to trial.
Depositions May Be Used in Court
A deposition can be used in a court proceeding. It is a signed statement about the person giving them and what occurred. The judge may refer back to this document a number of times. It is vital to make sure the deposition is concise and clear.
Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
