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.
|
Stage 1
Accident Injury occurs and medical treatment begins.
|
Stage 2
Records Collection Medical, wage and employment records are gathered.
|
Stage 3
Filing the Lawsuit The complaint is filed and formal litigation begins.
|
|
Stage 4
Discovery Exchange Both sides exchange documents and evidence.
|
Stage 5
Deposition (EBT) Sworn testimony is taken outside the courtroom.
You are here
|
Stage 6
Settlement or Trial Negotiations resume, or the case proceeds toward trial.
|
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.
When we think of dangerous road conditions on Long Island, most of us would likely think of winter weather. And for good reason, driving when there is snow or ice on the road is one of the most hazardous conditions a driver can face. However, it doesn’t snow every day in Long Island. And when it does snow, we naturally limit the amount of time we spend on the road during those times. On the other hand, driving during the summertime is just as dangerous, if not more dangerous, than the winter months. Everyone wants to be outside and enjoy the nice weather. The increased number of hazards create many different opportunities for a driver to potentially get into an accident.
Although the bus routes have ended, the fact that school is out means the roads are more hazardous. Teens and college students are now sharing the road, many having just gotten their licenses. They are no doubt the most inexperienced drivers and may not have learned how to drive defensively. Additionally, more cars will be on the road during all times of the day due to these students being off from school.
Construction workers will take advantage of the good weather for road construction projects. Additionally, the winter months often cause damage to roads that require repairing during the summer. Construction zones can be potentially dangerous if drivers are not properly adjusting to the changing traffic during the construction zones.
Motorcyclists and bicyclists will definitely be more abundant during the warm summer days. With high traffic areas, narrow roads, and confusing intersections, Long Island can be especially hazardous for cyclists. Most motorcycle or bicycle accidents that occur are not the cyclists fault, but occur due to drivers not correctly sharing the road with the cyclist.
Once again, nice days will attract a lot of people to be out and about, including pedestrians. Drivers need to be aware of this and always anticipate areas where pedestrians could be crossing the road. Even where there is no crosswalk, drivers should be especially attentive when driving near villages, parks and schools.
Although there is no snow, summer storms can also be incredibly hazardous. Long Island is not immune to severe thunderstorms and hurricanes. On June 30, Suffolk county faced a severe storm with wind speeds reaching over 50mph, causing many trees to fall and leaving thousands without power. During or after these scenarios, it’s important to drive extra defensively and follow the instructions of the police if they are directing traffic.
Additionally, if a traffic light is without power, it is to be treated as a four-way stop sign to determine who has the right of way. But it’s important to remember that other drivers may not know this, so be extra careful when driving through intersections to avoid accidents. We also recently wrote another post detailing the dangers of hydroplaning and how easily they can cause accidents.
Hot weather increases the chances of tire blowouts. During hot days, the asphalt can get very hot, and when tires are under-inflated, a blowout is likely. When a car is driving down a road, the sidewalls of the tires are flexing (bending, grabbing the asphalt), which creates heat. If the tire pressure is correct, then the heat created is minimal. But if the tire pressure is low, then the sidewalls have to do a lot more flexing, and create a lot more heat. Add in the summer sun and eventually the bonds in an under-inflated tire can break down and you’ll have a blowout. Therefore, do not neglect your tire maintenance and make sure they are properly inflated especially during the hot months.
Summer is an exciting time, and we are all looking forward to those beautiful days to enjoy being outside. Keeping in mind these scenarios will help prevent a fun day from turning into a disaster.
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.
Many love the thrill of riding a motorcycle and it is not uncommon to see motorcyclists on the roads of Long Island. However, along with the enjoyment of riding a motorcycle, it’s important for motorcyclists to understand the risks. Especially in higher-traffic areas like Long Island, severe accidents are absolutely a possibility. No matter how safe of a driver you may be as a motorcyclist, you cannot account for how other drivers respond to sharing the road with a motorcycle.
If you do find yourself in a motorcycle accident, these tips are essential so that in addition to the tragedy of getting injured in a motorcycle accident, you are also not drowning in medical expenses.
Motorcycle accidents have a greater risk of causing injury than typical motor vehicle accidents. Motorcyclists have much less protection and no airbags to prevent the laws of physics to launch a driver at a high velocity.
If you are a motorcyclist involved in an accident, even if you feel very little pain, do not let the adrenaline fool you and seek medical attention right away.
It is always a good idea to call the police at the scene of the accident. Doing so will ensure that everyone is safe and the details of the accident are properly recorded. However, it is also possible to file a police report following the accident.
If you were injured in an accident due to the other driver’s negligence, having witnesses to the accident is important to prove this. The other driver may try to deny or minimize being the cause of the accident, so having third-party witnesses will help validate the events of the accident.
Even though New York is a no-fault state, motorcycle drivers are not covered by no-fault insurance. Therefore, the motorcyclist will need to speak to their private health insurance provider to pay for the medical expenses.
If you do not have private health insurance you will need to put any medical bills through Medicaid or Medicare. If you did not have Medicaid at the time of your accident you can apply for Medicaid after the accident.
The medical bills following a motorcycle accident can really add up, especially for injuries that have a long recovery time. Additionally, long recovery could also mean lost wages for being unable to work for a period of time. This is why it’s important to speak to a personal injury lawyer. They will help an injured person receive compensation for all the economic losses caused by the motorcycle accident including medical bills, property damage, lost wages and pain and suffering. They will guide you through the process from the beginning to the end. An early investigation will also help preserve key evidence in your case.
Motorcycle accidents can be especially scary. During these traumatic scenarios, you might not naturally be thinking about recording evidence for a personal injury claim, but following these steps can really help a motorcyclist in the long run financially. At Palermo Law, we have helped personal injury victims receive their compensation for motorcycle accident injuries for over twenty years. We offer free no obligation consultations and don’t charge any fees unless we win your case. So if you have been seriously injured in a motorcycle accident, feel free to give us a call.
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.
Summertime is an exciting time of the year. Typically, we are more inclined to want to go out with friends than during the cold winter months. The weather is nicer, the sun sets later and there are plenty of happy hours. Long Island especially is an exciting place to be in the summer. In addition to the nice beaches, Long Island is abundant in nightlife. Whether it’s a visit to New York City or a night out in hopping towns such as Huntington, Babylon or Patchogue, there are plenty of places to hang out and grab a drink with your friends.<
If you are planning to have a night out, and plan on drinking, it’s important to remember the very real dangers that can happen. According to the
CDC, every day, 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This is one death every 50 minutes. Although that is the worst-case scenario, nothing could ruin a fun night out faster than a car accident. Here are some safety reminders to prevent catastrophe.
Alcohol obviously has the ability to impair judgment. The more you drink, the worse your decision-making is and could lead to a person making potentially dangerous choices. It’s good to know your limits before you’ve had too much.
Additionally, excessive drinking can cause a number of problems for a person’s short-term and long-term health. Short-term risks include nausea, loss of consciousness, poor quality of sleep, vomiting, increased aggression, and alcohol poisoning. Long-term risks could lead to liver damage, heart disease, cancer, dementia, and depression.
This is a very simple and very effective way to ensure that everyone gets home safely. The designated driver eliminates any kind of driving risk since they opt to remain sober for the entire night. Take turns for who is going to be the designated driver among your group, and make sure you contribute in gas money for your chauffeur for the night.
It’s very important that the person who is the designated driver has zero alcohol. Any consumption of alcohol has the ability to impair a person. For the average person, it takes 2-3 drinks to become legally intoxicated. Driving while intoxicated (DWI) occurs when a person is driving while their blood alcohol content (BAC) exceeds .08 in the state of New York. This results in a minimum license suspension of six months. Additionally, a driver facing a DWI could also serve jail time and have to pay hefty fines.
However, a driver is also at risk of getting a DWAI (driving while ability impaired) when at a BAC of .05 .This can impair someone after having as little as one standard alcoholic drink. So if you are the designated driver, don’t risk it and don’t have any drinks that night.
It’s very possible that there could be other drivers on the road who are intoxicated, especially as the night progresses. So even if the designated driver is sober, it’s important to be wary of other potentially dangerous drivers. 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.
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.
Long Island averages about 48 inches of precipitation every year. And although we experience four distinct seasons, rainfall is something we can experience at any time of the year. Driving in the rain can be dangerous for a number of reasons, and could potentially cause car accidents. But perhaps the most dangerous hazard that the rain can cause is hydroplaning.
Hydroplaning (or aquaplaning) is when a layer of water builds between the tires of a vehicle and the road surface, leading to a loss of traction and ultimately resulting in a loss of control for the driver. And you might think that only the heaviest of rainstorms would cause a vehicle to hydroplane, but hydroplaning can occur on any wet road surface. In fact, the first 10 minutes of a light rain can be the most dangerous. Hydroplaning can easily cause major motor vehicle accidents, so here are the best tips to prevent you from injuring yourself and others on the road from hydroplaning.
Nowadays, tires have grooves on them that are designed to channel water from beneath the tire. This creates higher friction with the road surface and can help prevent or minimize instances of hydroplaning. So make sure your tires are replaced and rotated regularly. Additionally, always make sure they are properly inflated. This will ensure that they perform as they should in the rain.
In New York, you can be pulled over for driving the speed limit during hazardous road conditions. This is because during conditions like rain, you have increased chances of losing control at higher speeds.
Most automobile safety experts agree that hydroplaning is most likely to occur at speeds greater than thirty-five miles per hour. So keeping a safe speed will greatly reduce the risk of your tires losing traction in the rain. This is especially important when making turns.
Hydroplaning doesn’t only occur when it is raining. Any time there is water on the road there is a chance of your tires losing its traction. Avoid puddles if possible, and always keep both hands on the wheel when you are about to drive over one.
If your car begins to hydroplane, you need all of your focus and control to try to prevent a serious accident from occurring. Putting your car in cruise control will take away precious moments of time you need to stay in control.
Similar to driving on ice, when hydroplaning occurs, you need to do all you can to keep your car in as much control as possible to avoid a collision. If you feel your car “floating” on the water, immediately take your foot off the accelerator. Also, do not try to brake. Doing so could make your car spin out of control.
As your car is slipping, gently turn your steering wheel in the direction your car is hydroplaning. This will help your tires realign with the direction your vehicle is traveling and assist you in regaining steering control.
Finally, once you have successfully gotten your tires to reconnect with the pavement, I suggest pulling over at a safe place for a few moments to calm down. Losing control of a vehicle is scary, and we sometimes need a few breaths before continuing our drive.
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.
