A deposition is formal sworn testimony taken before trial, and completing your deposition is a significant milestone in a California car accident case. After the deposition, the case typically moves toward one of three outcomes: settlement negotiations that intensify as both sides evaluate the testimony, continued discovery and motion practice, or preparation for trial. Understanding what comes next helps you navigate the remaining stages of your case. Attorney Damoun Yazdi at The Accident Network Law Group handles car accident litigation throughout Southern California.
Key Takeaways
- After your deposition, the court reporter transcribes your testimony into a written transcript that you have an opportunity to review and correct
- Both sides analyze deposition testimony to assess the strength of their respective positions before deciding whether to settle or proceed to trial
- Post-deposition settlement negotiations frequently occur because the deposition reveals strengths and weaknesses that motivate both sides toward resolution
- If the case does not settle after depositions, it proceeds through summary judgment practice, trial scheduling, and final trial preparation
- Your attorney advises you throughout each stage of the post-deposition process
Reviewing the Deposition Transcript
After your deposition, the court reporter prepares a written transcript of your testimony. California Code of Civil Procedure Section 2025.520 gives you 30 days after notice that the transcript is available to review it and submit corrections, typically by errata sheet or letter to the deposition officer. You can correct the substance or form of your answers within that window, but courts scrutinize changes that appear to be a ‘sham’ rewrite of sworn testimony rather than a genuine correction.
Your attorney will review the transcript with you to identify any areas where testimony was unclear, any statements that could be taken out of context, and any corrections that should be made to the transcript itself.
Post-Deposition Settlement Negotiations
Depositions reveal information that affects both sides’ assessment of the case. After depositions of key witnesses (including the plaintiff and defendant), insurance adjusters and defense attorneys evaluate what was learned and how it affects settlement value.
If your deposition went well, establishing credibility and presenting your damages compellingly, the defense may become more motivated to settle. If the defense deposed doctors or other experts and the testimony was favorable to you, that also motivates settlement. Conversely, if unexpected information emerged that benefits the defense, they may become more aggressive.
Most California personal injury cases settle after discovery is substantially complete, often after all key depositions have been taken. Post-deposition negotiations are a common resolution pathway.
Continued Discovery and Expert Witness Work
Depositions are one component of discovery. After fact depositions, expert discovery typically follows. Expert witnesses are deposed by opposing counsel, and their written reports are exchanged. In car accident cases, common experts include accident reconstruction specialists, medical experts, vocational rehabilitation experts, and economists.
Medical and legal experts require preparation time before their depositions. Your attorney works with your experts to prepare comprehensive reports that support the full value of your claim.
Summary Judgment Practice
In some cases, the defense files a motion for summary judgment seeking to dismiss the case before trial by arguing that no genuine dispute of material fact exists. Your attorney opposes such motions by presenting evidence that creates factual disputes requiring jury resolution. California courts resolve these motions based on the written submissions and oral argument.
Trial Preparation and Trial
If the case does not settle, it proceeds to trial. Trial preparation involves organizing evidence, preparing witness testimony, drafting jury instructions, developing opening statements and closing arguments, and preparing exhibits. California civil trials for car accident cases typically last several days to several weeks depending on complexity.
California Laws Relevant to Post-Deposition Car Accident Cases
California Code of Civil Procedure Section 2025.520 (transcript review), California Code of Civil Procedure Section 335.1 (two-year statute of limitations), California’s pure comparative negligence rule (Li v. Yellow Cab Co., 1975), and California Vehicle Code Section 16056 (amended by SB 1107, effective January 1, 2025).
Aubteen Hojabry
Had an Auto accident near Riverside and contacted Accident Network Law and worked directly with their attorney Damoun Yazdi. Very professional and responsive. Basically took care of everything and always explained the steps and all of my options and really took the stress out of the whole incident. Highly recommended!!!!
Contact The Accident Network Law Group About Your Deposition or Litigation Questions
If your deposition just wrapped up and you are unsure what happens next, or your case is heading toward one, Attorney Damoun Yazdi at The Accident Network Law Group, with 12+ years of experience and a background as a former law clerk at the LA County DA’s Office, can walk you through transcript review, settlement timing, and trial preparation at whatever stage your litigation has reached. Consultations are always free, and we handle these cases on a contingency basis.
Our team serves Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield, and throughout Southern California. Se habla espanol.