Reviewed By: The Spiros Law Team | Last Reviewed & Updated: September 24, 2026
If you were injured in an Illinois accident or collision caused by someone else’s negligence, pursuing compensation involves navigating specific litigation phases. One of the most critical stages of a personal injury lawsuit is the discovery deposition. Knowing what occurs during a deposition and the essential legal steps that follow, ensures you are prepared as your case moves toward settlement or trial.
What Happens After a Deposition in a Personal Injury Case?
After a deposition, the court reporter prepares an official transcript for review, the defense may request an independent medical examination (IME), and both legal teams evaluate case strength. This typically triggers post-deposition settlement negotiations, court-ordered or voluntary mediation, or final trial preparation.
What Is a Deposition in an Illinois Injury Lawsuit?
A deposition is formal, out-of-court oral testimony given under oath during the discovery phase of a lawsuit. It allows opposing counsel to assess the facts, evaluate witness credibility, and establish an official record before trial.
Depositions are conducted with attorneys from both parties, a certified court reporter, and occasionally a legal videographer. The deponent is placed under oath and answers questions regarding:
- The circumstances surrounding the incident.
- The physical and psychological extent of the injuries sustained.
- Pre-existing medical conditions and subsequent treatment plans.
- The disruption to employment, daily activities, and general quality of life.
What to Expect Immediately After Your Deposition
Following the deposition session, several standard procedures take place:
1. Official Transcript Preparation & Review
The court reporter compiles a verbatim written transcript of the proceeding. Under Illinois Supreme Court Rule 207, deponents generally have the opportunity to review the transcript for clerical or transcription errors using an errata sheet before certifying its accuracy.
2. Defense Medical Examinations (Rule 215 Examinations)
In Illinois personal injury actions, the defense frequently requests an “Independent Medical Examination” (IME) pursuant to Illinois Supreme Court Rule 215. This allows an independent physician selected by the insurance carrier to evaluate your physical condition.
Attorney Preparation: Your legal team will prep you on the permissible scope of the exam.
Objective Assessment: While labeled “independent,” these examiners are retained by the defense. Maintaining strict accuracy and sticking directly to the exam questions is critical to protecting your claim.
3. Post-Deposition Evaluation & Demand Adjustments
Once both parties have evaluated your testimony and that of the defendant or responding witnesses, each side reassesses trial risks. A strong, credible deposition often creates immediate leverage for your attorney to renew settlement negotiations or adjust the formal demand package.
Timeline: How Long After a Deposition Does Mediation Occur?
If informal negotiations stall following the deposition, parties often proceed to mediation. In many Illinois circuit courts, judges mandate Alternative Dispute Resolution (ADR) before setting a firm trial date.
Typical Timeframe: Mediation generally occurs within 30 to 90 days after depositions and expert discovery conclude.
The Mediator’s Role: A neutral third party, often a retired judge or seasoned civil trial attorney, evaluates the strengths and weaknesses of each side to facilitate a compromise.
Non-Binding Process: The mediator cannot force an agreement. If either party rejects the proposed resolution, the case moves forward onto the trial docket.
How Long After a Deposition Is a Case Settled?
There is no fixed statutory timetable for settlement following a deposition. Some cases settle within a few weeks if deposition testimony clearly establishes liability and damages. In more contested claims, settlements may not materialize until several months later during mediation or even on the eve of trial.
If the insurance carrier refuses to offer fair compensation for medical expenses, lost wages, and pain and suffering, your attorney will take the case to a jury verdict.
More Questions on Depositions?
Can you change your answers after a deposition?
Under Illinois Supreme Court Rule 207, you can make corrections to the deposition transcript using an errata sheet, but substantive changes to testimony can be highlighted by opposing counsel at trial to challenge witness credibility.
Does having a deposition mean my case will go to trial?
No. The vast majority of personal injury cases in Illinois resolve via negotiated settlement or mediation after the deposition phase, as both sides gain a clearer picture of trial risks and potential jury awards.
How should I dress and behave during my deposition?
Treat the deposition as if you are appearing in a courtroom. Dress in business casual attire, listen carefully to each question, answer only what is asked, and never guess or speculate if you do not know an answer.
Speak with an Experienced Illinois Personal Injury Litigator
At Spiros Law, our trial attorneys represent injured individuals across Illinois communities. We prepare every claim thoroughly from day one to ensure you are protected at every stage of discovery and trial.
Free Consultation | 100% Confidential | No Obligation to Hire: Contact Us For A Free Case Review
Got Questions Before Contacting an Attorney?
I made a mistake or gave an inaccurate answer during my deposition. Did I ruin my case?
Not necessarily. Depositions can be stressful, and an honest mistake or inability to remember a detail does not automatically determine the outcome of an Illinois personal injury case.
Under Illinois Supreme Court Rule 207, a deponent generally has an opportunity to review the deposition transcript within the applicable period after it is made available, unless that review is waived. Corrections may be made through the procedures provided by the rule. Substantive changes should be handled carefully because they can affect how testimony is evaluated.
Spiros Law can review your testimony with you after the deposition, identify potential issues, and determine whether clarification, correction, or additional discovery is appropriate. Our attorneys can also prepare you for how your testimony may be addressed as the case continues.
Do I have to undergo a medical examination by a doctor selected by the defense?
Potentially. Under Illinois Supreme Court Rule 215, a party whose physical or mental condition is in controversy may be required to submit to a physical or mental examination under specified circumstances.
The examination is subject to requirements governing issues such as the examiner, scope, timing, and conditions of the examination. It is not the same as simply visiting your own treating physician.
Spiros Law can explain what to expect before a Rule 215 examination, review the examination request, help you understand your rights and obligations, and prepare you for the types of questions and procedures you may encounter.
Why has the insurance company not made a settlement offer after my deposition?
A deposition does not necessarily result in an immediate settlement offer. After testimony is completed, the parties may still need to review the transcript, complete discovery, exchange expert information, evaluate the medical evidence, and assess the strengths and weaknesses of the case.
Illinois civil cases may also involve mediation or settlement conferences as the litigation progresses.
Spiros Law can evaluate the significance of your deposition testimony, communicate with the defense, and determine when settlement discussions may be appropriate. The firm can also continue preparing the case for trial so settlement negotiations are supported by the evidence rather than simply by the insurer’s timeline.
Does having my deposition taken mean my Illinois personal injury case will go to trial?
No. A deposition is part of the discovery process and does not mean that your case will necessarily proceed to a jury trial. Cases can resolve through settlement at various stages of litigation.
Spiros Law can continue pursuing settlement while preparing your case for trial when appropriate. Your attorneys can explain the available options as the case develops and prepare you for additional litigation steps if the defense does not resolve the claim.
Can the defense use a pre-existing medical condition against me?
A pre-existing condition does not automatically prevent you from recovering compensation for a new injury or an aggravation of an existing condition. Illinois recognizes the principle commonly referred to as the eggshell plaintiff rule, under which a defendant may be responsible for the consequences of an injury even when the injured person was more susceptible to harm because of a pre-existing condition.
At the same time, the defense may investigate your prior medical history when it is relevant to determining the nature, cause, or extent of your injuries.
Spiros Law can distinguish your pre-existing condition from the new or aggravated injuries claimed in your lawsuit and use medical records and physician opinions to establish what changed after the incident.
Who pays for deposition transcripts, court reporters, videographers, and other litigation costs?
The answer depends on your fee agreement and the specific expenses involved. Spiros Law may advance qualifying litigation expenses in cases handled under a contingency fee arrangement, rather than requiring the client to pay those expenses as they arise.
This can include certain costs associated with depositions, transcripts, records, expert review, and other litigation activities.
Before representation begins, Spiros Law can explain the contingency fee arrangement and how litigation expenses are handled so you understand what you may be responsible for during the case.
Why is there less activity after my deposition? Has my Illinois personal injury case stalled?
Not necessarily. The period after depositions can involve transcript review, additional discovery, expert disclosures, motions, case management, settlement discussions, and preparation for future litigation deadlines.
Illinois Supreme Court Rule 218 addresses case management conferences and scheduling in civil cases, including deadlines that may apply as litigation progresses.
Spiros Law can keep working on the case during these periods even when there are fewer visible developments for the client. Your attorneys can explain what stage your case has reached, what deadlines are approaching, and what steps remain before settlement or trial.
Sources
Sources
- Illinois Supreme Court Rules: Article II (Rules on Civil Proceedings in the Trial Court — Rule 207: Signing and Filing of Deposition Transcripts) — Governs the submission of deposition transcripts to deponents, procedural errata sheet requirements, timelines for transcription changes, and court certification standards.
- Illinois Supreme Court Rules: Article II — Rule 215 (Physical and Mental Examination of Parties and Other Persons) — Regulates court-ordered and defense-requested physical examinations (IMEs), defining physician selection, scope of clinical evaluation, and examiner report delivery.
- Illinois Supreme Court Rules: Article II — Rule 218 (Pretrial Procedure) — Establishes judicial case management schedules, discovery completion cutoffs, settlement conference mandates, and trial docket settings across Illinois circuit courts.
- Illinois General Assembly: Uniform Mediation Act (710 ILCS 35/) — Protects mediation communications as privileged and confidential, outlining statutory rules for alternative dispute resolution proceedings across Illinois civil courts.
Learn More
Explore related civil litigation resources, trial preparation guides, and claim timelines from Spiros Law:
- What to Expect After You File a Personal Injury Lawsuit — A step-by-step breakdown of civil litigation in Illinois, detailing interrogatories, discovery depositions, settlement negotiations, and trial preparation.
- Why Only Some Personal Injury Cases Go to Trial — Understand why most claims settle after depositions, how insurance defense teams assess witness credibility, and what prompts cases to proceed before a jury.
- How Will My Personal Injury Settlement Be Paid Out To Me? — Learn what occurs after reaching a post-deposition settlement, including signed releases, lien negotiations, trust account disbursements, and payout timelines.
- How Long Does a Personal Injury Lawsuit Take? — Understand typical litigation timelines, key milestones from filing to verdict, and the factors that influence how quickly an Illinois injury case resolves.
- Negligence and Personal Injury Claims — Learn how proving duty of care, breach, causation, and damages establishes liability and strengthens your case during depositions and trial.
- Understanding the Contingency Fee Basis — Discover how litigation costs are handled, including expenses for court reporters, deposition transcripts, medical records, and expert witness testimony.
- Schedule a Free Case Evaluation with Spiros Law — Consult directly with an experienced Illinois trial attorney to discuss your litigation options.
Disclaimer: This website is for general information only and does not provide legal advice. Viewing this site or contacting Spiros Law does not create an attorney–client relationship. An attorney–client relationship is formed only by a signed written agreement. Past results do not guarantee future outcomes. Every case is different and depends on its specific facts and law. This site may be considered attorney advertising. Spiros Law practices law in Illinois.
