Legal Process
Understanding Delays in Long Island Personal Injury Cases
One of the most common questions I hear from clients is, “Why was my deposition postponed again?”
After waiting months for a deposition date, it can be frustrating to learn that it has been adjourned. Many clients immediately assume something is wrong with their case or that someone is intentionally dragging things out.
The truth is usually much less dramatic.
While strategic delay tactics occasionally happen, most deposition adjournments occur for legitimate reasons. Personal injury lawsuits involve many moving parts, and before attorneys question someone under oath, they want to make sure they have all of the important information available. In many cases, postponing a deposition actually helps move the case toward a better result.
The litigation process has also changed significantly over the past several years. The widespread use of Zoom depositions has reduced many scheduling problems that used to be unavoidable, but some delays are still simply part of handling a serious injury case properly.
Whether you were injured in a motor vehicle collision, a slip and fall, or a construction accident, understanding why depositions are postponed can help ease some of the anxiety while your case moves forward.
A deposition, also called an Examination Before Trial (EBT), is one of the most important stages of a personal injury lawsuit. It gives both sides the opportunity to question witnesses under oath before the case reaches trial.
During your deposition, the attorney representing the defendant or insurance company will ask questions about topics such as:
Everything is recorded by a court reporter, and your testimony can later be used in court if necessary.
In many cases, insurance companies will not seriously evaluate settlement until depositions have been completed. That is one reason clients are understandably disappointed when an EBT gets postponed.
If your injuries resulted from a car crash, you can also learn more about the litigation process by visiting our Long Island Car Accident Attorney page.
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Stage 1
Accident Injury occurs and medical treatment begins.
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Stage 2
Records Collection Medical, wage and employment records are gathered.
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Stage 3
Filing the Lawsuit The complaint is filed and formal litigation begins.
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Stage 4
Discovery Exchange Both sides exchange documents and evidence.
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Stage 5
Deposition (EBT) Sworn testimony is taken outside the courtroom.
You are here
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Stage 6
Settlement or Trial Negotiations resume, or the case proceeds toward trial.
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An adjourned deposition doesn’t reset this timeline — it simply means Stage 5 starts once records, filing and discovery are truly complete, which usually strengthens the case rather than weakening it.
| 1 | Medical Records Still Pending
Hospitals, imaging centers and specialists often take weeks or months to respond. Attorneys wait for a complete file before questioning takes place under oath. |
| 2 | Employment & Wage Documentation
Claims involving lost wages or reduced earning capacity require payroll records, tax returns and disability paperwork — all reviewed before deposition testimony on the subject. |
| 3 | Multi-Party Discovery in Construction Cases
Site injuries often involve several contractors, subcontractors and insurers, each holding documents that must be exchanged — OSHA records, contracts, safety logs — before depositions begin. |
| 4 | Attorney Scheduling Conflicts
Trials, mediations, motion arguments and other depositions fill litigation attorneys’ calendars. A conference that runs long can push every date after it back. |
| 5 | Outstanding Paper Discovery
Surveillance video, black box downloads, cell phone records and expert reports are often still being exchanged. Proceeding too early can mean a second deposition later. |
One of the biggest changes in litigation has been the widespread use of Zoom depositions.
Years ago, every attorney, client, court reporter and interpreter typically had to meet in person. Attorneys often spent several hours driving across Long Island or into New York City just to attend a single deposition. If traffic became an issue or another matter unexpectedly ran long, the entire schedule could fall apart.
Today, many depositions are conducted remotely.
Zoom allows attorneys, clients, interpreters and court reporters to participate from different locations without spending hours traveling. Attorneys can often schedule multiple depositions in a single day that would have been impossible just a few years ago.
This has significantly reduced scheduling conflicts and has made the litigation process more efficient for everyone involved.
However, while Zoom has solved many logistical problems, it has not eliminated every reason a deposition might be postponed.
One of the biggest reasons depositions are delayed is because attorneys want to be fully prepared before asking or answering questions under oath.
In serious injury cases, there may be hundreds or even thousands of pages of medical records that need to be collected and reviewed.
These often include:
These records do not always arrive quickly.
Hospitals and medical providers frequently take weeks or even months to respond to record requests. Sometimes records are incomplete or additional authorizations are required before they can be released.
Why the Wait
Rather than proceed with a deposition without all of the available medical information, attorneys often agree that it makes more sense to wait until everyone’s file is complete.
That extra preparation frequently leads to a smoother deposition and ultimately places the client in a stronger position during settlement negotiations.
Medical records are only one piece of the puzzle.
Many serious injury cases also require attorneys to obtain and review:
These documents can become extremely important when a client is claiming lost wages or a reduced ability to work in the future.
The Full Picture
Before questioning someone under oath about these issues, attorneys generally want to understand the complete picture. Waiting until these records have been obtained often avoids unnecessary confusion during the deposition.
Construction accident litigation is frequently more complicated than a typical automobile accident case.
Unlike many motor vehicle accidents, construction site injuries may involve several different companies, contractors, subcontractors and insurance carriers. Each may possess important documents that need to be exchanged before depositions begin.
Depending on the circumstances, attorneys may need to review:
Gathering information from multiple companies takes time.
It is not unusual for attorneys to agree that depositions should wait until everyone has received the documents necessary to properly question the witnesses.
If you were injured while working on a construction site, our Long Island Construction Accident Attorney page explains these claims in greater detail.
Even with remote depositions, scheduling remains a challenge.
Many litigation attorneys spend their weeks balancing:
Sometimes one trial lasts longer than expected or a judge unexpectedly schedules a conference that cannot be moved.
When that happens, attorneys usually work together to reschedule depositions at the earliest mutually available date.
While these delays are frustrating, they are generally unavoidable and are simply part of a busy litigation practice.
Depositions are only one part of the discovery process.
Before attorneys question witnesses, they may still be waiting for important documents such as:
Once these materials are exchanged, attorneys are better equipped to ask detailed questions during the deposition.
Why Not Rush
Proceeding too early may simply result in another deposition later, increasing costs and extending the litigation process even further.
Usually not.
Most adjournments have nothing to do with the strength or value of your claim.
They are simply the result of attorneys making sure they have the information necessary to properly prepare for one of the most important stages of your lawsuit.
The Upside
In many cases, taking the time to complete discovery actually benefits the injured client because it allows your attorney to present the strongest possible case.
Although waiting can be frustrating, there are several things you should continue doing while your case moves forward.
Continue following your doctor’s recommendations.
Keep all scheduled medical appointments.
Tell your attorney about any changes in your condition.
Save receipts for expenses related to your injuries.
If your injuries affect your work or daily activities, keep notes documenting those limitations.
These updates often become valuable evidence later in your case.
I understand why clients become frustrated when a deposition gets adjourned. Most people simply want to put the accident behind them and move forward with their lives.
While delays are never ideal, rushing into a deposition before everyone has obtained the necessary records and information rarely benefits anyone. A well-prepared deposition often leads to more productive settlement discussions and, when necessary, better trial preparation.
Every case is different. A relatively straightforward automobile accident may move much faster than a catastrophic injury or construction accident involving multiple defendants, extensive medical treatment and years of lost wages.
If you’ve been seriously injured because of someone else’s negligence, our Long Island Personal Injury Attorney page explains how we guide clients through every stage of the litigation process and fight to recover the compensation they deserve.
Most deposition adjournments occur because attorneys are still gathering medical records, scheduling witnesses, completing document discovery or resolving scheduling conflicts. While frustrating, postponements usually have nothing to do with the strength of your case and often allow everyone to prepare more thoroughly.
Yes. Since the pandemic, most depositions are conducted remotely using Zoom or similar video platforms. Remote depositions reduce travel time, make scheduling easier and allow attorneys, clients, interpreters and court reporters to participate from different locations.
Sometimes. Smaller or straightforward cases occasionally settle before depositions occur. However, insurance companies often want to hear the injured person's sworn testimony before making their best settlement offer, particularly in serious injury cases.
Medical records help attorneys understand your injuries, treatment history and prognosis. Reviewing those records beforehand allows more meaningful questioning and helps avoid inconsistencies that could later be used by the insurance company.
Construction accident cases often involve multiple contractors, employers, insurance companies and government regulations. Attorneys frequently need contracts, OSHA records, employment files, payroll records and other documents before depositions can proceed.
Generally, no. A postponed deposition usually has no effect on the value of your claim. In many situations, additional preparation actually strengthens your case by allowing your attorney to present more complete evidence.
Most personal injury depositions last between two and six hours, although complex cases can take longer. The length depends on the severity of the injuries, the complexity of the accident and the number of issues involved.
You generally must answer most questions truthfully under oath. However, your attorney may object to improper questions or instruct you not to answer in limited situations recognized under New York law.
After depositions are completed, the parties often continue exchanging evidence, complete any remaining medical examinations and begin meaningful settlement discussions. If no settlement is reached, the case continues toward trial.
Not necessarily. Serious injury cases frequently require extensive medical treatment, document collection and expert review. While every client wants a quick resolution, careful preparation often leads to stronger cases and better settlement opportunities.
The information provided in this blog is for general informational purposes only and reflects the opinions of the author. It is not legal advice and does not create an attorney-client relationship. Every case is different, and results depend on the specific facts and applicable law. You should not act or rely on any information in this blog without first seeking advice from a qualified attorney regarding your individual situation.
