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.
Driving a motor vehicle is something many people do not take seriously enough. Every day millions of people operate an extremely deadly machine that can easily cause injury or death. Highly populated areas like New York and Long Island present even greater risk of accidents, due to the higher volume of cars, higher impatience and recklessness among drivers, and higher number of non-motorists who are nearby.
New Yorkers are used to dealing with other aggressive drivers, but many are not aware enough of pedestrians and bicyclists. In 2015, Long Island saw approximately 15,000 pedestrian accidents. Suffolk County pedestrian accidents are particularly common. Nationally there were over 5,000 pedestrian deaths. According to the NHTSA, this is one of the few groups of road users with increased year over year fatalities.
The main reason why we see so many car accidents involving non-motorists is simply because they are harder to see. A big car is easier to note in your mirrors than a person on a bicycle. Simple as that. To account for it, drivers need to be more aware and be able to anticipate non-motorists.
Most pedestrian and bicycle accidents are the driver’s fault. So many drivers are distracted, whether it be their phone, GPS, radio or anything else that takes their attention off the road. Additionally, many drivers fail to yield the right-of-way. They don’t realize that a pedestrian always has the right of way, or that a bicyclist is to be treated like another vehicle on the road.
Another hazard presents themselves in parking lots, where drivers don’t back up slowly or look carefully when pulling out. This is a serious problem in busy parking lots especially around holidays and weekends. Any obstructed view in general presents a greater risk for non-motorists.
Each person can do their part to make the roads as safe as possible. No one wants to be the cause of a pedestrian or bicycle accident. Here are some tips on how to share the road with a Bicyclist or Pedestrian to avoid potential injury.
The first and most important thing to do if you find yourself in this situation is to seek medical attention for any injuries, no matter how minor. Often injuries that result from a motor vehicle accident intensify in the hours and days following an accident. It’s best to be cautious.
Next you will want to call the police. This is important because you need a Police Accident Report. It is always a good idea to call the police to the scene of the accident. However, it is also possible to file a police report following the accident.
Then, you will need to contact the automobile insurance carrier for the vehicle that struck you. Any medical bills will need to be paid by that no-fault insurance. That information can be obtained through the police accident report. It’s important that you do not give any statements to the other vehicle’s insurance company without first consulting with an attorney.
Finally, when you have been injured by another driver, you will want any and all financial burdens covered and compensated. This is why we recommend you contact a car accident lawyer for a free consultation if you have any issues.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents, and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
This year has flown by, and although it seems like yesterday we were enjoying the summer, Halloween is right around the corner. Unlike the last couple of years, for most people, covid-19 is not playing as much of a factor. With low infection rates, low hospitalizations and deaths, and a high vaccination rate, the risk of covid is thankfully not as looming as it was in the years prior.
That being said, there are other dangers that Halloween can present. Especially for families who have children, it’s important to be aware of the potential risks and take precautions so that your family can be safe and have a fun Halloween. Additionally, anyone who goes out on Halloween needs to be cautious, especially if they are going out late and are driving on the road.
If your children are going trick-or-treating, it’s important to make sure they are as safe as possible. There is safety in numbers so make sure your kids are going with a group. Ideally, an adult would be present. But if your children are older, you can have them join their friends so at least there is someone looking out for them without interfering with their fun.
For younger children, you will need to have an adult at hand to keep track of your kid during Halloween. It could be you, an older sibling, or a known parent that you trust. This is important because it is not wise to leave decisions like what route to take and when to cross the street.
Additionally, make sure you are aware of where your children are going and what neighborhood they will be in. Have your kids stick to your neighborhood where you and familiar neighbors can keep an eye out for them. Additionally, give your child a smartphone, if they don’t already have one, so that you can have their location tracked, and you can call each other if needed.
Finally, your child should never under any circumstances enter a stranger’s home. This is something that you should make crystal clear if you want to ensure that they remain safe during Halloween trick-or-treat trips. You should also instruct them to avoid strangers, especially those roaming the streets.
Believe it or not, a lot of costumes can present a high risk of injury. Many Halloween decorations involve candles, lanterns and fire. With a lot of accessories such as wigs and clothes, your costume could be a potential fire hazard. By law, Halloween costumes and accessories are supposed to be flame resistant, so make sure you know if that is the case for your costume. If your costume is homemade, this presents a greater risk of it being a fire hazard.
Additionally, be mindful of other potential hazards your costume or others can present. If you have a lot of loose fabric, this could easily become a tripping hazard. Another risk of injury are sharp or point accessories. Objects like sticks, pointed props such as swords, spears and wands can poke out the eyes of excited children (or adults) gathered too close.
Finally, giving yourself eerie eyes could be dangerous as well. Before you put those crazy contacts into your eyes, be aware that they could contain chlorine, iron, and other harmful chemicals, according to the American Academy of Ophthalmology. Many of the decorative contacts sold online and in gas stations and beauty parlors are not approved by the Food and Drug Administration. They could easily contain harmful colorants used to create tints and patterns on the surface of the lens.
If you are going out on Halloween whether to a party, a friend’s house, or to a bar, it’s important to also be aware of the potential dangers that go along with that. Many go out drinking on Halloween, and that makes the roads especially dangerous. Additionally, with trick-or-treaters walking the streets, it increases the risk of causing pedestrian injury. The risk of a child getting hit by a car actually doubles on Halloween.
NHTSA statistics show that during a four-year period, 14% of all pedestrian deaths on Halloween involved drunken drivers. Overall, the agency says Halloween drunk-driving fatalities are on the rise, with 44% of all people killed in car crashes on Halloween night involving a drunk driver.
Therefore, it is imperative that you drink responsively, and drive defensively. If you know you will be drinking alcohol, make sure you have a responsible, designated driver to get everyone home safely. If you are driving in a residential area, drive slower than normal. Have the awareness that there could be a child running in the street at any given moment.
Not only that, it’s very possible that there could be other drivers on the road who are intoxicated, especially as the night progresses. If you notice a car that is swerving, making sharp turns, and braking and accelerating suddenly, it may be an intoxicated driver.
If you feel you are sharing the road with a drunk driver, it’s best to slow down or pull over and possibly record and report the car to the police. Do not try to get them to pull over and do not try to pass them. Alcohol can be a catalyst for disaster. Keeping in mind the very real risks that come along with it will hopefully reduce the risk of penalties, accidents, and injury.
These Halloween safety tips will definitely come in handy this coming holiday. The important thing to do is to ensure that you are sufficiently prepared to keep an eye out for your kid whether in person or remotely.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
As a Long Island car accident lawyer, I speak to people every day that have been in motor vehicle collisions. One of the most common topics I am asked about by them is car damage claims. Most people can’t afford to be without a car on Long Island. Our community is not known for its public transportation.
Unfortunately, It can be one of the most confusing issues that car accident victims have to deal with following a crash. Whose insurance carrier do you file a claim with? How much are you entitled to receive? How long will the claim take to be resolved? All reasonable questions that I will attempt to answer in this blog.
There are generally two options for getting your car damage paid following a motor vehicle accident. The first is to pursue a claim through your car insurance policy. The second is to pursue a claim through the other party’s auto insurance policy.
Depending on your car insurance policy, one option you may want to explore is using your automobile insurance carrier to pay for your damaged vehicle. Of course, this is only an option if you have purchased collision coverage for your vehicle. In New York, you are not required to maintain collision coverage on your vehicle. Therefore, if you have declined this coverage, you cannot pursue a claim for your car damage.
However, if you have paid for collision coverage, this may be your best option. First, there is no need for your insurance carrier to complete an accident investigation prior to resolving your damage claim as the carrier is obligated to repair or replace your vehicle regardless of fault. Also, your car insurance carrier is likely going to want to make you a satisfied customer by being responsive to your needs and acting quickly to inspect and repair your car.
The only drawback to pursuing a claim through your car insurance carrier is that there is usually a deductible to deal with. A deductible is an amount of money that you have to contribute to the repairs or replacement cost of your vehicle. Most deductibles are either $500 or $1,000 dollars. The good news is that if you are not at fault for the accident, your carrier will seek to be reimbursed for the cost of the claim from the at-fault party’s insurance carrier. If they are successful, they will also obtain your deductible back for you.
If you do not have collision coverage or you cannot afford to pay for your deductible, you will want to pursue a claim for your damaged vehicle through the other party’s insurance carrier. This is only an option if the other party is at fault for the accident. If you are at fault, the other party’s insurance carrier will refuse to pay for your damage as they are only legally liable to repair or replace your vehicle if their driver is at fault for the accident. If their driver is only partially at fault for the accident, the carrier will likely only offer to pay for their driver’s proportionate share of fault.
This type of claim is not always the best option to get your car damage reimbursed as the other carrier will only make a voluntary payment on your claim after a full investigation and only if they deem their driver is at fault after that investigation is complete. Unfortunately, this process will often take weeks to complete. So, you will be stuck in limbo until this process plays out.
Further, if the carrier decides that their driver is not at fault, they will deny your claim. If you should disagree with their assessment, you will have to pursue your claim in court. This may require the help of a lawyer and may take several months or even years to be resolved. That’s why I always recommend pursuing a claim through your insurance carrier if it is an option.
Property damage claims are generally limited to the value of the property that you lost. In other words, you can recover the amount of money it costs to repair or replace your vehicle. In some instances, an insurance carrier may also agree to pay reasonable towing and storage charges, as well.
This often depends on whether you are making a claim through your car insurance policy or the other driver’s car insurance policy. If you are presenting the claim to your carrier the process is generally faster than proceeding through the other driver’s policy for the reasons I explained above. In such instances, a claim can take as little as a week to resolve.
Going through the other driver’s insurance policy will take longer. You can expect it to take several weeks. But often times it can take longer and in certain instances, the carrier may even refuse payment leaving you with the option of either dropping the claim or suing in court.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents, and slip-and-fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
A recent article about Tesla CEO, Elon Musk and substandard working conditions got us thinking about employees’ legal rights under New York Law. It is important that you know your rights. So here is a brief outline of things that you should know.
Should you feel your legal rights have been violated at work you should reach out to the State of New York Office of the Attorney General to file a complaint or contact a local employment lawyer.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents, and slip-and-fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
