As a personal injury victim, it’s natural to be nervous about the legal process. Many personal injury victims are nervous about testifying in their case. While most cases resolve by settlement, you might wonder when in the process a settlement occurs. Do most personal injury cases settle before or after the deposition? Our personal injury attorney Randy H. Kaplan explains:

Do personal injury cases settle after deposition?

Personal injury cases settle both before and after deposition. It’s common for the parties to engage in some discovery in a personal injury case before reaching a settlement. The discovery process can include depositions. However, a personal injury case can settle either before or after a deposition takes place. Most cases eventually resolve through settlement. The settlement can occur at any point in the discovery process.

What happens after you give a deposition?

After you give a deposition, your case continues through the legal process. Either side may continue to conduct discovery and file court motions. If there are court dates that arrive, the parties attend court. Either side may take the information gained from the deposition and use it to take appropriate court action. The parties can also begin settlement negotiations. After you give a deposition, your case continues. However, with the information learned from the deposition, you can begin to work towards a case resolution.

How do you testify at a deposition?

You testify at a deposition by swearing to tell the truth. Then, the attorneys proceed to ask you questions that are relevant to the case. At a deposition, you’re not in a courtroom, but you’re still under oath. It’s important to answer only the question that’s asked. If you don’t understand the question, you should ask for clarification. There are some circumstances where you shouldn’t answer a question at a deposition. Your personal injury attorney can represent you and guide you through the deposition process.

Personal injury cases and depositions

Even though a deposition might seem daunting for a personal injury victim, the process doesn’t have to be a cause for worry. It’s one step that might be necessary in order to reach the right result in your personal injury case. Your attorney can guide you through every step. It’s important to work with a personal injury law firm in order to ensure that the deposition process doesn’t result in harassment or abuse. All of the parties must follow the court rules as they conduct depositions. With the representation of a personal injury attorney, you can learn what to expect in a deposition and have experienced counsel assist you through the deposition.

Call our personal injury law firm

Do you have questions about a deposition in your personal injury case? Are you worried about an upcoming deposition? The Randy H. Kaplan Law Offices can help. Our legal team provides aggressive representation for personal injury accident victims. Let our team fight for you whether it’s handling a deposition request or it’s representing you in all other aspects of your case. Call us today!

When a personal injury accident occurs, there may be more than one side to the story. Sometimes, it isn’t always clear who caused the accident. In fact, in some cases, the victim may have contributed to the accident. When a victim is partially to blame for an accident, they’re said to have comparative negligence.

How does Pennsylvania law treat an accident with comparative negligence? Is PA a comparative negligence state? Pennsylvania has comparative negligence laws, and they can significantly impact the outcome of a case. The personal injury attorney team at the Randy H. Kaplan Law Offices explains comparative negligence in Pennsylvania.

Is PA a comparative negligence state?

Yes, PA is a comparative negligence state. If a personal injury accident occurs, comparative negligence applies to determine fault and apportion damages. Pennsylvania’s comparative negligence law is PA General Assembly Statute 42 § 7102. The law says that contributory negligence is not a bar to recovery as long as the victim’s negligence is less than the defendant’s negligence.

Comparative negligence act Pennsylvania

The comparative negligence act Pennsylvania is Pennsylvania statute 42 § 7102. The law says that a victim may recover for their damages even if they’re partially to blame for an accident. However, they recover less than they would recover if they did not have any blame for the events leading to the accident.

If the victim is more to blame than the defendant, they recover nothing at all. Blame is determined by the jury as a percentage. For example, say the jury determines that the victim is 60 percent to blame for the accident. They decide that the defendant is 40 percent to blame for the accident. In that case, the victim can’t recover anything at all, because they’re more to blame than the defendant.

Pennsylvania diminished damages for comparative negligence

When the victim is less to blame than the defendant, the victim may claim financial recovery for their injuries. However, the amount that they recover is reduced because of their percentage of fault. For example, the jury finds the defendant 80 percent responsible for the accident. They find the victim 20 percent responsible for the accident. The defendant has $20,000 in damages.

Because of the comparative negligence, the victim can recover their damages reduced by 20 percent. With $20,000 in damages, in the example, they can recover 80 percent or $16,000. It’s critical for a victim’s personal injury law firm to explain to the jury why the victim is not at fault or why their fault is minimal. How the jury apportions fault directly impacts the amount that the victim can recover under Pennsylvania’s comparative negligence rules.

Pennslyvania personal injury attorney for comparative fault cases

If you’ve been in an accident, let the personal injury law firm Randy H. Kaplan Law Offices explain how comparative negligence may impact your case. Our team works on the details and builds your case diligently in order to ensure that you take comparative fault laws into account when you build the strongest possible case. Call us today for your free consultation.