What Happens After a Deposition in a Personal Injury Case?

After your deposition, the court reporter prepares a written transcript and you get a chance to read it, correct it and sign it. In California you have 30 days from the notice that the transcript is ready, under Code of Civil Procedure 2025.520. Then both sides finish gathering evidence, and the case usually heads to settlement talks before any trial.

What happens right after my deposition?

The session ends, and the testimony you gave under oath becomes part of the case. California’s court guide explains that a deposition is testimony taken outside of court, given under penalty of perjury and taken down by a court reporter (California Courts). Some depositions are also recorded on audio or video.

Within days or weeks, the reporter finishes the transcript and sends written notice that it is available for reading, correcting and signing. Your lawyer will get a copy and should go over it with you.

Can I change my deposition answers?

Yes, within limits. For 30 days after the notice, section 2025.520 lets you “change the form or the substance of the answer to a question” and then either sign the transcript or decline to sign it. The parties can agree on the record to a longer or shorter period, and a judge may shorten it for good cause.

Two cautions apply.

• The original answer does not disappear. The transcript shows what you first said and what you changed. The court guide notes that a deposition creates evidence that can be used if a witness “changes their story at trial.”
• Silence counts as approval. If you do nothing within the period, the transcript has the same effect as if you had approved it, subject to any changes you made on time.

Use the review to fix real mistakes, such as a wrong date, a misheard word or an answer the reporter took down incorrectly. Tell your lawyer about anything larger before you write it in.

What does each side do next?

Your deposition is one piece of the exchange of evidence called discovery. After it, several things often happen at once.

• More depositions. The defendant, witnesses, treating doctors and the people each side hires to give opinions may be questioned. A witness’s deposition must generally be held within 75 miles of the witness’s home, or within 150 miles if it is in the county where the case is filed (California Courts).
• A defense medical exam. In many injury cases the defense asks a doctor of its choosing to examine you. Your lawyer will explain the limits before you go.
• A new look at value. The insurer’s lawyer reports to the adjuster on how you came across and what you said. A clear and honest deposition often moves the offer.
• Trial setting. The judge weighs the type of case, its complexity and everyone’s schedules when picking a trial date (rule 3.729).

Do personal injury cases settle after deposition?

Many do, though no one can promise yours will. The Napa County court observes that most civil lawsuits are resolved without a trial (Napa Superior Court). Depositions are often the turning point because each side has now heard the other’s main witnesses.

Settlement talks after depositions usually take one of two forms.

Mediation. A neutral mediator helps both sides negotiate and does not decide the case (California Courts). What is said there is confidential in California (Evidence Code 1119). A written agreement signed by the settling parties that says it is enforceable or binding can be presented to the court (Evidence Code 1123). In Los Angeles, the Superior Court says personal injury cases may be ordered to virtual settlement conferences (Los Angeles Superior Court).

A mandatory settlement conference. The judge orders it, and trial counsel, the parties and anyone with full authority to settle must attend in person unless excused. Each side submits a statement five court days before (rule 3.1380).

If you settle, the deal is final. A California court may enter judgment on a signed settlement and keep jurisdiction until it is carried out (section 664.6). The plaintiff must notify the court at once, and the request for dismissal is due within 45 days of an unconditional settlement (rule 3.1385). In Texas a written settlement is enforced like any other written contract (section 154.071), and in Washington a signed agreement from a mediation is not covered by the mediation privilege (RCW 7.07.050).

What if my case does not settle?

It goes to trial on the date the court set. California treats trial dates as firm, and a postponement requires a showing of good cause (rule 3.1332). The state’s goal is to resolve all unlimited civil cases within 24 months of filing (rule 3.714), and a case must be brought to trial within five years after it is started (section 583.310).

At trial, parts of your deposition can be read or played if your testimony differs from it. After a judgment, the losing side generally has 60 days from service of the notice of entry of judgment to appeal (rule 8.104).

What to do now

1. Ask your lawyer when the transcript notice arrives and mark the 30th day.
2. Read every page. Check names, dates, body parts and numbers.
3. Tell your lawyer about any answer that was wrong or incomplete.
4. Keep going to treatment. Gaps in care are noticed after a deposition.
5. Stay off social media about the accident and your injuries.
6. Ask what comes next on the calendar: more depositions, a defense medical exam, mediation or trial.
7. Before any settlement, ask about taxes. The IRS says a settlement for personal physical injuries is generally not taxable, while interest on it is (Publication 4345).

Questions about your deposition

Call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win. More answers are in our personal injury questions section and on our Los Angeles personal injury page.

Common questions

Related pages

Personal Injury Questions · Is mediation legally binding? · Do I need a personal injury lawyer? · How to choose a personal injury lawyer · How long does a personal injury lawsuit take? · Los Angeles personal injury lawyers · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.