Discovery Process in a Personal Injury Case
Discovery is the exchanging of facts acquired between the parties involved in a lawsuit. This process must be completed before trial and is usually conducted after initial negotiations have failed. The discovery process is comprised of five main parts: interrogatories, request for production of evidence, request for admission of facts, requests for disclosure, and depositions. The discovery process varies in the amount of time it takes to be completed. The process ranges from weeks to months and requires the participation of the clients in most instances. Throughout the process, it is wise to have an attorney prepare and assist you; otherwise, information may be provided that may unintentionally hurt your case.
Interrogatories
Interrogatories are written questions that each party will send to the other. This phase consists of questions that are applicable to the lawsuit. The answers provided by each side will be given under oath, meaning that the information gathered during this step must be honest and exact. The questions asked will not be the same across the board and may differ from case to case. However, a few customary questions that appear more often than not are those regarding how the injury happened, your medical history, the condition of your injuries, insurance coverage, medical treatment received for the injuries, and information of any witnesses.
Production
Requests for production of evidence — usually shortened to “production”—is when the opposing attorney formally asks for relevant documents pertaining to the lawsuit. Documents that are usually requested include medical records, insurance policies, pictures taken of the scene of the accident, police reports, and receipts or records of property repairs. Visiting a doctor to obtain medical records is important in this phase so that you can be adequately compensated for any injuries suffered.
Admissions and Disclosure
Requests for admissions and disclosure can come from each party or just one side. This phase of the discovery process has the purpose of making certain that each side have the same facts when regarding the claim. A request for admission is when a party writes a series of factual “yes” or “no” statements and serves it to the opposing party. The party that receives the statement must then admit or deny what is written. If that party fails to or cannot either deny or admit to the facts, then a statement must be given as to why you cannot, or a judge will acknowledge it as an admission of the facts by the party that received the request. Requests for disclosure ask for basic information about the facts of the lawsuit and the legal theories that each party is making. Failing to disclose information about your case, such as witnesses you intend to have testify, can lead to that information being excluded from trial.
Deposition
Usually the last step in the discovery process is a deposition, which is testimony that takes place outside of court. A court reporter records and transcribes the testimony, so it may be used in trial. A deposition is meant to record details that may be forgotten by the time the claim is taken to court. Either party, or expert witnesses relevant to the lawsuit, can deposed. The transcription or video recording of the deposition can be used in court for the purpose of corroborating or contesting testimony given at trial. A deposition is not considered to be a formal hearing, but whoever is being deposed should answer any questions asked truthfully. Any testimony given in a deposition carries the same weight as sworn testimony given at trial.
Discovery can be a complicated, lengthy, and time-consuming process that can make or break your case. It is critical to have an experienced attorney to help you navigate the discovery process. If you have a potential personal injury case, call a personal injury lawyer, like a personal injury lawyer in Arlington, TX.
Thanks to Brandy Austin Law Firm, PLLC for their insight into what the discovery process is like in a personal injury case.