A deposition is one of the most important steps in a personal injury case. Your testimony is recorded under oath and can shape how the entire case unfolds. Once it’s done, the process doesn’t stop; several key steps follow, such as case evaluation, settlement negotiations, and preparation for trial if needed.
Depositions are part of the discovery phase of civil litigation, where both sides gather evidence before trial. They help attorneys understand the facts, assess credibility, and prepare for settlement or court. Knowing what happens after a deposition helps you stay calm and make smart decisions as your case moves forward.
Here’s what typically comes next and what you should be paying attention to.
Reviewing and Correcting the Transcript
After the session ends, a court reporter produces a written transcript of everything that was said. A deposition is sworn out-of-court testimony used during discovery and can, in limited circumstances, be used at trial.
You usually have the right to review the transcript and flag any errors. This is done through what’s called an errata sheet. You can correct genuine mistakes in wording, but you can’t use it to change the substance of your answers.
Your attorney will advise you on how to handle corrections properly. Any significant change to your answers without a clear reason could actually raise questions about your credibility.
What the Other Side Does With Your Testimony
The opposing attorney will study your transcript closely. They’re looking for inconsistencies, anything that weakens your claim, or statements they can use to challenge your version of events.
If your answers at trial differ from what you said during the deposition, they will bring it up. That’s why reviewing your transcript early and flagging anything unclear is so important.
Settlement Talks Often Follow
Depositions often push both sides toward negotiation. The U.S. courts explain that judges actively encourage parties to reach a settlement to avoid the time and cost of trial. Your deposition gives both sides a clearer picture of the strengths and weaknesses of the case.
If the deposition went well for you, it can strengthen your position at the settlement table. If it raises issues, your attorney will work with you to address them before going further.
Discovery Continues After Your Deposition
Your deposition is one part of discovery, not the end of it. The other side may still request medical records, employment history, financial documents, or depositions from other witnesses.
Expert witnesses such as doctors, accident reconstruction specialists, or economists may also be deposed. Your attorney may depose the defendant and their witnesses during this same period.
All of this builds the strongest possible picture of what happened and what your losses are.
Trial Preparation or Final Settlement
Once discovery wraps up, both sides reassess their positions. Many personal injury cases settle at this point, once the full picture of liability and damages is clear.
If no agreement is reached, your attorney will begin preparing you for trial. That means reviewing your deposition, going over likely questions, and making sure your testimony stays consistent with what you said before.
What to Do Next: Steps After Your Deposition
- Request a copy of your transcript and review it carefully for errors.
- Note any corrections on the errata sheet before the deadline passes.
- Avoid discussing your testimony on social media or with anyone outside your legal team.
- Keep attending all medical appointments; gaps in treatment can be used against you.
- Stay in close contact with your attorney as settlement talks or trial prep begin.
Key Takeaways
- Your deposition transcript is a legal document that can be used at trial if your story changes.
- You have the right to review and correct the transcript before it becomes final.
- Opposing attorneys will analyze your testimony for inconsistencies or weaknesses.
- Settlement negotiations often happen shortly after depositions are completed.
- Discovery continues; more documents, records, and witness depositions may follow.
- Consistency between your deposition and trial testimony is critical to your credibility.
- Stay off social media and only discuss the case with your attorney.
