After my federal Depo we got through mediation in 12 minutes and we are on the way towards trial. You HAVE TO ago to trial to get justices, don’t sell yourself short at a mediation.
Agreed, sometimes mediation is ineffective. However, some jurisdictions (especially federal court) have mandatory mediation so the parties are required to attempt it. That being said, just because things do not settle at mediation does not mean there may not be more opportunities to settle later. Trial is the place you can get the most money for your case, but juries can be fickle and a person can lose. A settlement by definition allows the person to know exactly what he or she may get. A trial, while great if the jury gives you full value, can be risky because you can get nothing or less than the previous offer. But showing the other side you are willing to go to trial is the best way to get max value.
@@TarunBRana if the defense attorney and his client are both raging narcissists then mediation is just an expensive formality (a waste of time). Most important thing for an injury is for the plaintiff to find a trial lawyer and not a settlement negotiator.
Keep in mind COVID really caused a lot of issues globally but also specifically within the legal profession. If your case was in litigation, very few jury trials proceeded forward during the last year and a half. If your case was not in litigation, there is very little leverage your attorney can exert to force an insurance company to pay what is reasonable, without the threat of a jury trial looming. It is not uncommon for an insurance company to make their last, best offer in the 48 hours prior to a trial. They could even make that offer during the trial. Hang in there. Hopefully now that things are opening back up, your attorney can push the case and get you closer to a resolution. Best of luck!
3 years is too long, Covid or not. It' probably time to find a different attorney. That's what I finally did. The firm I was with previously was understaffed, dragging their feet and getting nothing done.
@@joevarga5982 That's good, glad to hear the move was good and things are moving. Hearings are virtual, so that is moving some things, however, jury trials are still tough to get with criminal trials getting priority in most jurisdictions. Best of luck to you in your case!
I'm currently dealing with a wrongful death suit. We just got a trial date set for January 2021. How long do you think they would wait after the date is set to try to settle? Assuming they plan on settling
Apologies - I somehow missed all the comments on this video. In response, cases settle depending on several factors. If your case is one that may be settled, it could happen at any point leading up to the trial date, even during the trial. However, you should always prepare for the trial proceeding, which will in turn typically result in the best settlement (if an option) in your case. Best of luck!
My injury happened at a gym 2 years ago… crazy to think it’s taking so long . After 2 years I have my deposition. I’m 300lbs and the cable snapped on me at a gym. I”m 6”2 , and 300lbs. I fell so hard I was knocked unconscious for like 10 mins… can’t even remembered what happened. I still have flash backs, and I get super paranoid when I attempt to workout. It cause so much anxiety….i have my deposition soon. What happens after ??! I think my lawyer said 1MM is what would make sense for my case.. does that make sense ?
While I cannot speak to your attorney's offer of settlement since I do not know the specifics (and would not because I do not represent you), broadly, what happens is the insurance company is trying to get a feel for how you are as a witness. Do you present well and have a good recollection of what occurred? If so, then you would likely do well in front of a jury and that is something the defense lawyer will report back to the insurance company when assessing exposure. Do you not do as well or come off unlikeable? That is also relevant and reported back to the insurer. The job of the defense lawyer is to lock you into your facts and then determine what is the true exposure to the carrier and then, based on all that information, they will negotiate. At some point, they will get to their "top offer" and you must decide whether it is enough or if you continue with litigation and potentially trial. Next up after your deposition would be the deposition of a representative from the gym - a corporate representation who "speaks" for the company. Your attorney will explore policies and procedures and try to ascertain the system failure that lead to the negligent act that led to your injury. After, typically a treating doctor's deposition, followed by their retained defense doctor who speaks out against you to say you are not as injured. This is the most likely spot that you will settle if that is possible in your case because the last step is trial. Hopefully this helps answer your question - best of luck to you!
Hey sir I’m the plaintiff in a spinal cord stimulator case where my foot was ran over leaving me with CRPS I have my deposition set for later this month. I have no offers yet but we sent out an offer of judgment my deposition was set about 1 year and 4 months after my initial injury in January of 2023. Is that fast pace for a personal Injury case were me and my attorney are requesting the 1Million dollar policy limits? Is it possible for the defense attorney to obtain settlement authority after the deposition and settle the case. The drive who crushed me while at work was obviously at fault and we already interviewed our witness and etc also the opposing insurance company has sent an investigator that interviewed the witness on the scene as well they did accept liability until we stated that we’d be seeking policy limits of 1M they then obtained council July of last year and now we’re here deposition set for later this month. In Jesus name I praying we can get this settled right after the deposition all the facts are clear and stated with my life care plan and etc.
Sorry to hear about your injury. Given the severity of your injury and the slow pace of litigation, this is actually a decent pace. Remember, the insurance company has strong incentive to delay your case for a number of reasons - they get to make more money as interest on the funds you may get or something could happen to you that harms your case (for instance, another injury or something happens to you). Many times, the insurance company/defense lawyer wants to get a feel for how you present in front of a jury and find out if you are a good historian. Oftentimes, cases should settle either sometime after your deposition or after your experts (typically your treating doctors) are also deposed. If they accepted fault, hopefully your case can get settled soon. Best of luck to you!
Most cases do not have such a long time before depositions are taken. On average, most of our cases move through litigation and into depositions within 6 months of the case getting filed. Each case is different, however, 9 years sounds atypical.
Typically not unless the first one was not completed or if there is a huge change. For instance, in a personal injury case, if there is a substantial change in the treatment or if there is surgery, then the other side may petition the judge for a limited deposition on the new information.
Hi so basically after the deposition they go over the transcript and start questioning between them first and they if they don’t agree they send it to trial?
I may not be following this question but I will try to answer it and, if I do not, please rephrase your question. Typically, after the deposition, the insurance company (through their defense lawyer) has an opportunity to evaluate how you will present in front of a jury and find out the extent of your injuries/your version of what happened. If you did well, it increases the likelihood of settlement. If not, or they had no intention of offering much anyway, then you are likely going to trial. Remember, a case can settle at any point, including during a trial or even after a jury goes out to deliberate. The question is always whether they offered enough to justify settlement versus risking the offer to try to get more at trial. Juries are unpredictable and a settlement gives certainty for both sides. Hope that clarifies but let me know if it does not - Tarun
@@TarunBRana yes that’s the answer thank you. I was asking after a deposition if both sides the insurance defense lawyer and plaintiffs lawyer go through the transcript and start to have conversations negotiations about the deposition transcript between them or they just take it straight to trial. I had recently had a deposition. July shows I have mediation but the mediation date was scheduled long time ago and that deposition appointment all of the sudden they sent the appointment date now July I have mediation. Thank you. 🙏
@@Tazz45 Yes, that is not uncommon. I suspect there is a scheduling order in place with deadlines, such as by when depositions need to be completed and then mandatory mediation. Mediation is a good opportunity to see if you can cut to the chase and get to a number both sides can live with and, if not, then you continue litigation, which ultimately leads to trial. But just to reiterate, just because you may not settle at mediation (unless you are just so far apart that there is no chance), a case can always settle later. Best of luck to you!
does having my MD write an attorney narrative( explaining the correlation of my injuries now because of a MVA drivers negligence ) help much in willingness of State Farm to determine a settlement versus proceeding with a trial ? we just finished a deposition 2 weeks ago and my MRIs showing I need ACDF 4-7 cervical surgery due to the disc damage in its advanced stage and shoulder surgery - how would you proceed with the atty if it were you ? I received the limited liability from faulty driver so now I can proceed with State Farm whom I feel should pay the costs of surgery - estimated at 250 K and my pain and suffering thank you
Without knowing more about the specifics (for which I am not asking you to post on here!), I can answer generally. Broadly speaking, yes, the next stage is for the doctor to provide medical causation (the crash caused your injuries). In most jurisdictions, you must have a medical testimony linking the negligent actions to the claimed injuries. Keep in mind the amount of money you recover can be limited based on the policy limits of the parties involved. In other words, if the at-fault party has only a certain amount, and it is offered, they are typically off the hook unless you pursue the driver individually. Then, if you have underinsured motorist coverage (or other applicable coverage, depending on your jurisdiction), you can possibly make a claim against your insurance company. This all depends on what coverage you have available to you and the laws applicable to your jurisdiction. Keep in mind this is general information and this does not create an attorney client privilege. The disclaimers in the above video apply to these comments as well. Sorry to hear about the injuries and good luck!
@@TarunBRana I know I'm out of your jurisdiction, this case was in Ga. - it was a failure to yield MVA- at a major intersection and she was speeding at over 55 mph by the defendant ( faulty driver), thus hitting me directly in my drivers side door - and totaling my very heavy and sturdy BMW X6 50i ( all air bags deployed) - she was found to be 100 percent at fault , everyone in agreement on that - I haven't been able to work or continue my golfing career since the accident and being an athlete very tough - what I read from other attys posted comments on here or on a personal injury site website - so my question is - ( can the proposed surgery I need which is appx 250,000 be expected that State Farm, my insurance should pay me ? ) and also my pain and suffering which I read is 4-5 times the medical ( 250 k surgery and all my other medical)? this is going on 3 years in November of this year - because I cant work my parents have had to pay all MRIs drs ( 5 epidurals neck hip etc ) - and also plastic surgeon and dermatologist from air bags exploding open impact - I now have continual eye and facial swelling and so forth .. my policy is 100k - the problem I face is the defense atty representing State Farm - is a pretty well esteemed trial atty - and he's not intimidated in the least by me - now im in pro per, my own atty since I didn't feel the atty who originally filed case on my behalf was keeping up with costs injuries etc) - would you agree that its good that the faulty drivers insurance atty I negotiated with via emails listing my injuries and voice mails I left to her detailing my pain and ongoing injuries did finally agree to settle the entire 25 k that faulty driver had, to now allow me to pursue State Farm -- thanks for any recommendations you may have
Thank you my lawyer wanted to depo my ex now they want to depo me out of retaliation his depo is 5 hrs long he’s hiding money from child support lol my depo 30 min because I’m not a crook 😂
It should be getting closer to the end. Typically, once your doctor is deposed, there is not too much more left that needs to be done in terms of discovery. While you will need to consult with your lawyer to see what exactly is left, typically you are nearing the end and the options are typically attempt to settle out the case or go to trial. Hopefully you get a favorable resolution soon - best of luck!
Typically, yes. An offer is based on a combination of what an insurance company is willing to pay and what an injured person is willing to accept, otherwise, both parties move forward with trial. To determine the full value of a case, it is a combination of the damages the injured person sustained (including medical bills, lost wages, permanency, pain and suffering) with an increase or decrease based on liability.
@@TarunBRana there is video, and the driver and his coworker deposition are so conflicting. Their answers prove that my injuries were of no fault of my own. Broken tibia, fibula, screws in my ankle. And because of pain I had to start physical therapy again, after 2 years. Now the defense lawyers want to depose my medical treaters. I had my deposition, the driver and his coworker also. I want to thank you for the information you provide. You are appreciated. My injury happened in 2021, I know it is a process, I just want it done this year. Hopefully not go to trial. There is no way the defense lawyer, feel they can win with his client's answers to his deposition.
@@ThomasaColeman1 I am really sorry to hear about your injuries. Leg/ankle injuries are always tough because they impact mobility and, even with extended care, you never quite get back to 100%. The doctor deposition is just part of the process and usually the last piece the defense lawyer needs to get their maximum authority on the case from the insurance adjuster, however, keep in mind, you may not get the BEST offer until the few weeks/days/hours leading up to trial. That is not uncommon unfortunately. Your attorney keeping their feet to the fire by marching towards the trial date is the best thing you can do to ensure you do not leave a penny on the table. I wish you the best on the rest of your journey and I hope you can attain some level of closure once this is all done!
So I had to give a depo as a non party, literally didn’t see the incident all I saw was the ambulance leave, do you think I would have to testify if all I have besides seeing the ambulance is hearsay?
I would be surprised if they call you live at trial given you did not have too much additional to add. Typically, for a witness, they are looking for someone who witnessed the crash. They probably wanted to do your deposition to establish, on the record, that you did not witness the crash but they may also want to know if you saw how the injured person looked at the scene. Unless you are a medical professional, you are limited to what you observed and not your impressions. Also, with COVID, so many cases are behind that it is unlikely that the case will actually proceed to trial so you are more than likely not going to be called to a trial because the case will probably settle. In my practice, I routinely thank witnesses for giving up their time to testify because you never know if you end up needing a good samaritan down the road. Best of luck to you.
@@amberwalters8458 I am sorry, I assumed (but should not have) when you said ambulance you meant from the scene of the crash. For a wrongful death, I think the above info should still apply since you really did not see anything other than the ambulance leaving (unless they allege the ambulance did something wrong). Even then though I think you should be in the clear. Unfortunately, sometimes there are other factors that come into play such as the defense attorney has to bill the file and the insurance company wants to chase every potential lead to make sure it does not hurt/benefit their case.
One more question while I’m at it, if I have the depo back in November and trial is in august and haven’t received a subpoena to testify or got any updates, shouldn’t I have got them by now? Sorry it’s stressful
@@amberwalters8458 Great question. It depends on the jurisdiction but, in Missouri, the subpoena can be served anytime before the trial, even during the trial. The reason you probably have not been served is the uncertainty of whether there will even be a trial in August. A lot can happen between now and then, such as settlement, dismissal of the case, continuing the case, etc. I know it can be stressful so hang in there!
Apologies - I somehow missed all the comments on this video. In response, there is not necessarily a little to rescheduling, however, it depends why and who cancelled the deposition. I recommend speaking to your attorney about a scheduling order, which includes court imposed deadlines. This helps keep the parties on task and moving forward.
Apologies - I somehow missed all the comments on this video. In response, not necessarily. A trial date is based on the judge's available dates but roughly 8-16 months is average. Obviously right now during COVID trial dates are taking even longer than that, however, it generally depends on how hard the case can be pushed to complete the various stages of litigation. A scheduling order includes deadlines and typically keeps everyone on task.
And to follow up on this point, the key is for the lawyer representing the injured party to really move the case forward by holding the other side to deadlines and then going in front of the judge to enforce the deadlines if they are missed.
