What the Discovery Process Really Looks Like in a Personal Injury Case

What the Discovery Process Really Looks Like in a Personal Injury Case

May 14, 2020 | Personal Injury

If you’re involved in a personal injury case, there are a lot of different things to get your head around, from hiring your lawyer to going to court. In this article, we’ll be focusing on an important part of the journey: the discovery process.

You need to understand what happens in this phase of your case because it can be the most crucial part of your lawsuit. 

Here is all of the information you need to know when it comes to the discovery process.

What is Discovery?

Discovery is the phase where both parties involved in the lawsuit exchange information. This includes the exchange of evidence, facts, and witnesses involved in the case.

Both parties need to know everything about the case so that they can prepare adequately for court in your personal injury case. Discovery is completed before the trial even begins.

The Discovery Process

There are some important things that you need to know about this phase. This process should include four actions in order for it to be done thoroughly and completely.

Interrogatories or Questions

An interrogatories list is the questions in written form that one party will send to the opposite party involved in the case. These questions are aimed at gathering facts about the incident.

Facts that may prove relevant to the case would be:

  • The names and contact information of both of the parties involved in the case
  • Names and contact information of all of the witnesses involved in the case
  • Insurance information that will cover the accident
  • Medical history of the injured party
  • A detailed list of injuries
  • All medical treatment received

Production Request

This is a request that asks for documents for the purpose of inspection. The other party involved in the case may ask for documents such as:

  • Medical records
  • Copy of insurance policies
  • Accident photographs
  • Property repair records

Both parties involved in the case are required to provide all documents that may prove relevant in the case to the opposing party. 

Admissions Requests

This is the written statement that is given to the opposing party. Once this written statement has been received by the opposing party, they will then be given a chance to admit, object, or deny the admission statement.

A party has 30 days to respond to the admissions request before the judge rules that the documents have been admitted by the receiving party.

Deposition

A deposition is the testimony by witnesses involved in the case and takes place outside of court. A deposition can prove essential in a case because it helps to gather a record of details before either party has a chance to forget what happened during the accident.

Are You Making a Personal Injury Claim?

You’ve got everything that you need to successfully make it through the discovery phase of your lawsuit. The discovery process, while lengthy, can prove to be the most essential and beneficial part when it comes to your case.

If you’re looking for help with your claim, then you’re in the right place. Thomas Barnes is the lawyer who aggressively protects your rights for accidental personal injury, workers’ compensation, maritime, admiralty and Defense Base Act legal issues. If you’re looking for someone to help you with your own personal injury claim, don’t hesitate to contact our office today.