What is the Discovery Phase of a Personal Injury Lawsuit?

Types of Discovery that May be Used in a Personal Injury Case

1. Interrogatories

Interrogatories are just a fancy word for a question and are very common in a personal injury case. Interrogatories are a set of questions that will be sent to one party to the other to answer. There may be a limited number of questions that may be sent, and the party may have a limited amount of time to answer the questions.

The answers must be honest to the best of their ability, and if they learn new information once the answers are submitted, they are required to re-submit their answer with the new information.

If a personal injury attorney wants to know specific information from the defendant, sending an interrogatory is a straightforward way of getting information.

Interrogatories are very common in a personal injury case.

2. Request for Production of Documents 

Request for production of documents is when just like it sounds, a request for documents that are relevant to the personal injury case is made. For example, medical bills and records are requested during the discovery phase along with any pictures of the accident site or injuries, lost wage records, and personal property damage records.

Since these documents are almost always requested during the discovery phase, it is so important to have gone to the doctor and obtain medical records if you wish to be compensated for your injuries.

Having pictures of injuries and the accident scene can only help the case and can prove to be evidence if a trial is needed.

If you missed time at work because of the accident, having records from your employer stating the amount of time missed will be required.

If you were involved in an accident such as a car crash that caused personal property damage, having a report of the damages is also important to receive proper compensation.

3. Request of Admission of Facts 

If the case goes to trial, the plaintiff is required to prove certain facts about the claim. However, it is a waste of time and money for the plaintiff to prove undisputed or uncontested facts which means, the plaintiff can choose to serve a Request for Admission.

This means they will ask the other party to admit certain facts, and if the facts are admitted, this admission can be introduced as fact during a trial without the expense of calling upon witnesses or convincing the jury of something that no one is contesting.

4. Depositions

Depositions are opportunities for each party to question the other or to question witnesses who have knowledge of the case. A deposition is a testimony, which means the person who is answering the questions is sworn to tell the truth because they will be under oath.

Depositions take place in the presence of the court reporter who produces a written transcript of the testimony for both parties involved. There is no limit to the number of questions that may be asked by the personal injury attorney. In many cases, the deposition testimony will be used for the development of a trial strategy and to negotiate for a settlement.