If you’ve just finished a deposition in your personal injury case, you’re probably wondering: Now what? The deposition itself is indeed a major milestone, but it’s not the end of the road. In fact, it’s often the point where your case begins to shift gears. So what happens after a deposition in a lawsuit? What should you expect in the coming weeks or months? And how can you best prepare for what’s ahead?
Here I’ll break down exactly what happens after a deposition—from transcript reviews to potential settlement talks to preparing for trial. Whether you’re deep in litigation or just trying to understand the process, this guide will help you navigate the next critical steps with confidence.
What Is a Deposition? A Brief Recap
A deposition is a formal legal process where a witness provides sworn testimony outside of the courtroom, usually during the discovery phase of a lawsuit. It typically takes place in an attorney’s office or on Zoom and involves a series of questions asked by the opposing counsel. Depositions are recorded and can later be used in court.
In personal injury suits, the goal is to gather information, assess credibility, and secure witness or expert testimony. Ultimately, depositions can greatly influence the direction of your case. For instance, new evidence may come to light that motivates the defendant to settle out of court.
What Happens Immediately Following the Deposition?
Following the deposition, both sides need time to re-evaluate their case based on the testimonies given. Here are some of the critical aspects of this:
- Transcripts are prepared and distributed. Court reporters will be present in the deposition to ensure accurate note taking and transcripts are created. Depending on the situation, this can take anywhere from a few days to a few weeks.
- Review, review, review. Attorneys on both sides will carefully review the deposition and keep a keen eye out for whether testimony was clear and consistent, whether the opposition said anything that could help or hurt the case, and find new ways to bolster legal arguments on your behalf.
- Submit corrections. In the event that some unclear language is used, you (or others who testified) may be asked to clarify. Testimonies cannot be changed, but some minor corrections may prove critical to ensuring answers are properly understood.
- Shift strategies. Ultimately, the deposition may change the approach that one or both sides take. If testimonies were significantly damaging to one side, they may begin the settlement process. Or vice versa, they may pursue a trial more aggressively.
They say patience is a virtue, and this couldn’t be more true when it comes to legal processes. As you wait to hear from your attorney post-deposition, it’s critical not to self-sabotage.
This happened recently to one of my clients.
After her face was bitten by a dog, she had immense anxiety around posing for photos and even looking in the mirror — however, the opposing counsel dug into her social media profiles and found that she had posted photos of herself recently, undermining her credibility. If the case had gone to trial, the jury would have found out that the photographer who posted her pictures actually specializes in photographing injured people and uses photoshop to give his subjects beautiful pictures despite their scars. But that explanation would have come after the defense had already tried to convince the jury that my client was lying when she said that being photographed made her anxious.
Ultimately we did win a significant settlement in this case, but the point is that during the waiting period, listen to your attorney’s advice and don’t undermine your own credibility.
How Long After a Deposition Does a Case Go to Trial?
Assuming no settlement is actually reached post-deposition, the next step is for trial to commence. However, keep in mind that there’s no certain answer as to when this will actually happen. Oftentimes, it’ll take several months or even over a year for a case to reach trial. In busier counties, such as in Cook County, IL, delays are more common because court dockets are crowded.
Average Timeframe in Chicago Personal Injury Cases
- 3–6 months: Common if both parties are moving quickly and no additional discovery is needed.
- 6–12+ months: More realistic in contested or complex cases, or when the court calendar is backed up.
In most instances, both parties try to reach a settlement to avoid painstaking waiting periods and courtroom bureaucracy — a process that can resolve your case in mere weeks. But if it’s heading to trial, prepare for a wait.
Why Having a Chicago Personal Injury Lawyer Matters
After the deposition takes place, the case as a whole is bound to get more complex. An experienced attorney knows how to dissect a deposition transcript/footage to identify weaknesses in the opposing counsel’s case, they know how to build a narrative, understand when to shift strategies, know the local courts and how to push through red tape, and can handle insurance companies on your behalf.
If you’re considering a personal injury lawsuit in Chicago, make sure you contact me for a free consultation. Throughout my career, I’ve helped hundreds of people just like you achieve justice and move onto the road to recovery.
