Many personal injury cases in New Jersey are resolved directly through negotiations with the insurance company, while others require an attorney to file a formal lawsuit in civil court. Once a filing occurs, the litigation moves along a specific procedural path where one of the most significant stages is discovery.
During the discovery phase, each involved party gathers facts from the other side. You have the ability to ask written questions and request specific documents from the opposition. Another primary method of finding facts is a deposition. Instead of only exchanging letters and written inquiries, each side has the chance to question witnesses under oath. Simply put, a deposition is the sworn testimony of a witness taken outside of a courtroom.
A deposition represents a major milestone in a personal injury claim. It is common for individuals to feel some anxiety about this process because it often marks the first time they sit across from the defense attorney. If you have not been through litigation before, the formal legal environment can feel overwhelming without the support of experienced personal injury lawyers. At Chamlin, Uliano & Walsh, we have provided trusted legal representation in New Jersey since 1960, bringing over 60 years of experience to help our clients through these high-pressure moments.
Deposition for Your Personal Injury Lawsuit
Depositions can be long and taxing experiences. You might find yourself answering questions under oath for as many as seven hours in a single day. Even with scheduled breaks, the process is often exhausting. Every word you speak carries weight because it establishes the foundation for what you might say if the case eventually goes to trial.
The opposing lawyer will ask you questions to lock in your testimony. They want to ensure your story does not change later, as you generally cannot say anything at trial that contradicts what you said during your deposition. Your own attorney will be right there to defend you and object if the other lawyer asks questions that are not allowed under New Jersey law. Once the defense finishes their questioning, your attorney has the chance to ask you questions to clarify the record.
Most depositions happen toward the conclusion of the discovery period. By this time, attorneys have already looked at various pieces of information to help them decide which witnesses to question. Before this stage, the attorneys likely:
- Requested physical or digital documents held by the other party
- Sent formal requests for admissions to confirm certain facts
- Sent interrogatories, which are written questions that must be answered in writing
A court reporter stays present during the deposition to capture every spoken word. You might be shown documents and asked to explain them based on what the lawyers have already uncovered. Just as you go through a deposition, your attorney at Chamlin, Uliano & Walsh can depose defense witnesses to gather more evidence and strengthen your position.
After the session ends, you and your attorney can look over the written transcript to ensure everything was recorded accurately and make any necessary corrections. Your lawyer then evaluates all the transcripts from the various witnesses to determine the current standing of the case and the best way to move forward.
The results of a deposition can dictate the entire trajectory of a claim. If you emerge from the discovery process in a strong position, you gain more leverage. You may not feel as much pressure to accept a low settlement offer when you know the evidence supports taking the matter to a jury.
Ending Your Case Without a Trial
Two major developments often occur after discovery concludes. First, either side might file a motion for summary judgment. In a standard trial, a jury listens to evidence to decide what actually happened. However, depending on the information revealed during discovery, a trial might not even be necessary to resolve the dispute.
If the evidence shows there are no facts left to argue about, there is no reason for a jury to hear the case. Both parties frequently ask the judge to rule in their favor immediately after discovery ends. They use the evidence gathered to show the judge why the case is clear-cut. The motion highlights what each side views as undisputed facts and explains how New Jersey law applies to those facts.
What Happens if Nobody Disputes the Facts
The judge looks at the versions of the facts presented and the evidence found during discovery to see if a reasonable person could find any material facts that are still in dispute. In this context, material means a fact that actually changes the outcome of the case. A small disagreement about the color of a distant car might not matter, but a disagreement about who had the red light is a material fact.
If the judge finds that no material facts are in dispute, they can decide the case based on the law and issue a verdict. A judge can grant a motion for summary judgment in full or only on certain parts of the case, leaving the remaining issues for a trial. While these motions are not granted in every instance, they are a standard part of the process.
If your case is exceptionally strong and a judge seems likely to rule in your favor, the defense may choose to settle before the judge even makes a decision. Insurance companies generally act as rational businesses and try to avoid the risk of a total loss.
The Defense’s Settlement
A motion for summary judgment is a tool used to avoid the time and expense of a trial. The defense might hold off on offering a fair settlement if they believe the judge will dismiss your case based on a lack of evidence. This makes it vital to have a dedicated team like the second-generation leadership at Chamlin, Uliano & Walsh. We understand that a personal injury case depends on what you can prove with evidence, and we work to gather as much information as possible to increase your leverage.
Once depositions are over, discovery usually closes unless an attorney can show the judge that new information came to light that requires more investigation. This phase gives everyone a clear look at the strengths and weaknesses of the arguments. You will see what you need to prove, and the defense will see the evidence you have that could lead to a win.
Settling After Discovery Closes
Because the risks are now clear, settlement talks often become more serious once discovery is done. There is usually a gap of several months between the end of discovery and the start of a trial, providing a window for both sides to make progress in negotiations.
Even when cases make it through discovery, very few actually go before a jury. Both sides usually prefer the certainty of a settlement over the unpredictability of a trial. You get the assurance of receiving compensation, and the defendant avoids the risk of a high jury award.
Prior Settlement Negotiations
While there may have been some talk of settlement earlier, the parties are often more motivated now. The defense may have been waiting to see if you had a weak deposition or if your witnesses were not credible. Once the testimony is on the record, the pressure increases.
You can often expect more reasonable and competitive offers during this time. Your attorney might also suggest adjusting your own demands as the two sides try to find common ground. It is very common for an agreement to be reached just days or even hours before the trial is set to begin.
Prepare for Trial Even During Settlement Negotiations
At Chamlin, Uliano & Walsh, we continue preparing for trial until the moment a settlement is finalized. We use everything learned during discovery to build a strategy for the courtroom. Our attorneys look for any potential gaps in the case and plan how to address them in front of a jury. You cannot assume a settlement will happen, so staying prepared is the only way to protect your interests.
What Happens in a Personal Injury Trial
If no agreement is reached, the case moves to a full hearing. Only about 4 to 6 percent of personal injury cases in the United States end up in a trial. During the proceedings, each side has a set amount of time to present their version of events.
Your lawyer will call witnesses to present evidence. In these cases, you have the burden of proof to show that your version of the facts is more likely true than not. We often use both factual witnesses who saw the event and expert witnesses who can explain technical details. The defense attorney will have the chance to cross-examine every witness we bring forward.
Then the defense presents their case, and your attorney gets the same chance to cross-examine their witnesses.
Receiving a Verdict for Your Case
After all evidence is presented, the jury deliberates to reach a verdict. Even if they rule in your favor, the process might continue if the judge decides to reduce the award or if the defense files an appeal with a higher court.
Sometimes parties settle after the trial has started or even after a verdict is read to avoid the long process of an appeal. Your lawyer will weigh these risks with you to help you make the best choice for your future.
Get Help Now with Chamlin, Uliano & Walsh
Finishing a deposition means you are near the end of the long discovery process. While a trial is still possible, having the right legal team ensures you are ready for whatever comes next.
When you work with Chamlin, Uliano & Walsh, you benefit from a firm that has recovered over $100 million for clients. We know which tactics work best in New Jersey courts and how to use the discovery process to your advantage. If you are experiencing the aftermath of an injury in Monmouth County and need to discuss your case, contact us at (732) 229-3200.