After giving a deposition for slip/fall lawsuit does that mean the insurance company will settle soon after?
MaxBasil asked:
My sister is suing her old landlord for a slip/fall injury. She has needed two surgeries on her foot within a year. She will never walk the same. Her deposition is in September. Some people keep giving her their opionions. I was wondered what she might expect next.
Political News
My sister is suing her old landlord for a slip/fall injury. She has needed two surgeries on her foot within a year. She will never walk the same. Her deposition is in September. Some people keep giving her their opionions. I was wondered what she might expect next.
Political News
February 18th, 2009 at 7:52 pm
that is entirely up to the court and the lawyers. A deposition just means that she will be giving details about her injury under oath. It will probably be done at a lawyers office rather than a court room. The defense is doing all they can to catch her in a lie, so tell her to be calm and be honest. Don’t give up too much information unless its asked for. Follow her lawyer’s advise. Hopefully, she has filed a lawsuit within the two year limitation.
Good luck.
Oh, and since this has happened during the past year, don’t look for anything too quick. The defense could make an offer, but she has to consider all she has been through and future needs. Further, it sounds like she is going to have permanent damage.
February 20th, 2009 at 6:34 pm
All the deposition means is that the lawyer for the landlord and his insurance company is going to ask your sister a lot of questions. Some questions will be about her accident – how it happened, how long the condition that caused her injury existed, her injury, problems as a result of her injury etc. However, some of the questions will have nothing to do with her case and her injury. Some questions will be general background questions, like her educational experience, any criminal convictions, if she has ever had any other lawsuits, etc.
The mere fact that her deposition is being taken does not mean that the landlord wants to settle. A deposition is something that occurs in every lawsuit that is filed. It is the defense attorney’s chance to get to know about your sister and ask her questions about herself and her claim.
She should have no expectations after her deposition. Slip/fall cases are tough cases, even under the best facts. Once her deposition is done, the lawyer for the landlord will dicate a report for the insurance adjuster. That report will include an assesment of your sister as a witness and whether or not she has jury appeal. Your sister’s demeanor (whether she acts nice or gets angry) and her background (whether or not she has any criminal convictions) will play just as much a role in how the insurance company evaluates the claim as her actual injury and resultant surgeries.
What she should expect after her depositon is that the case will next go through some sort of facilitative process where a neutral third party may assist in trying to resolve the claim. This may not take place for many months after her deposition.
It is a myth that insurance companies are scared of lawsuits and that all they want to do is settle. Insurance companies do not make money by giving money away – they make money by holding onto their money for as long as they can.
Your sister needs to be concerned with the deposition itself, not what might happen afterwards. The deposition is the most important thing she will do for her case.
If anything, the other attorney is going to ask questions in the deposition in such a manner so to get your sister to say things that hurt her case, or let his client (the landlord) off the hook for the injury, or which will decrease the value of her case.
She should not guess at any answer. She should say she does not know if she does not know an answer. She should give very short answers, “yes” or “no” if at all possible. She should NEVER volunteer any information. Most importantly, no matter how mad the questions make her, she should never lose her temper or be rude. If she finds herself getting overwhelmed or upset, she should simply ask to take a break.
She should have no expectations after her deposition is taken. A deposition is merely a common thing that takes place in every lawsuit. It should not be taken as an indication that the defendant wants to settle.
February 21st, 2009 at 7:05 pm
They *could* make an offer based on what she says in her deposition, but I think it’s highly unlikely. As others have said, a deposition is a normal occurrence during the course of a lawsuit, and the parties may still end up going to trial.
February 22nd, 2009 at 10:37 pm
i went thru a ton of slip and fallas a officer.you never stated how or why she fell. nothing anyone can give a opinion.if she fell in the rain or snow you can not sue for the acts of mother nature.in this type of lawsuit all that is needed for the plantiff to win is for them to win is for them to show they made a reasonable effort for anything to happen.i have testified in over 100 cases.if you do not mind telling me what happened i will give you my opinion
February 26th, 2009 at 2:06 am
Bottom line is that a deposition is a chance for both sides to evaluate the strength of the case. Most likely, an offer was previously extended and rejected in this case. After the deposition of your sister (and any others that are scheduled), the two sides might reconsider the strength of their case and revise their offers.
Because there is no requirement of an offer ever, and every case is different, no one can tell you how the case will proceed after the deposition. What I assume your sister’s attorney has told her is that: 1) she needs to be truthful in her answers; 2) she needs to listen to the questions and then answer them to the best of her ability; 3) if the question asks her something she doesn’t know, it is better to say that she doesn’t know than to guess at the right answer; and 4) to stay calm and not get into an argument with the attorney for the other side.
March 1st, 2009 at 5:43 am
It depends on her lawyer and on the landlord’s lawyer. If the landlord is insured, it will also depend on the insurance company’s lawyers.
Also, winning the judgment is one thing, collecting is another.
If the substantial amount is involved, the case can last years (at least 2 years); collection is longer than that.