Suppose you were injured because of the recklessness or negligence of the other party. So, they will file a claim for losses and damages. In case your claim is not settled with the negligent party’s insurer. Then, your attorney will suggest you file a personal injury case. This puts the case under the court’s jurisdiction, and the negligent parties are required to obey the court proceedings. After the trial period, there is a period called the discovery phase.
Discovery is the essential phase in a personal injury case. It plays an important role in moving your personal injury lawsuit forward in a legal way. It helps to collect the information and evidence required for filing a strong personal injury case. This discovery phase involves the exchange of relevant evidence among the negligent parties involved in the case, and it will make sure all the important information is presented to the court.
Suppose you are a personal injury victim; discovery will help in getting a fair verdict or settlement.
Benefits of the Discovery Phase
Discovery is the essential phase of a personal injury case. Just take a look below to learn how the discovery phase will benefit you.
Collecting and Sharing Important Evidence
The discovery phase requires both parties to collect and exchange evidence. So, it is the most important phase of their personal injury case. It covers several types of evidence, such as witness statements, accident reports, medical records, relevant documents, and expert suggestions. Moreover, you will get access to the evidence to make a persuasive argument in the trial. It will enhance your chances of success.
Deposition
Deposition is one of the main components in the discovery phase. It may involve questioning the witness or negligent party. It will help you in presenting the recordings to the court proceedings in the attorney’s office. It helps to get witness statements, enabling parties to plan their legal strategies. Additionally, depositions may be used later, when your personal injury case goes to trial, to support formally-given testimony or disputes.
Requests for Admissions
In terms of a personal injury lawsuit, you are allowed to file a petition. After that one part is given permission to ask the other whether a set of statement is true or not while under oath. The statements that are admitted as true by the answering party will be considered during trial.
Requests for Documents
Both parties are requested to submit all case-related documents. It can include electronic documents and physical documents. The information may be publicly available or generally known. It also covers documents such as medical reports, eyewitness statements, accident reports, and much more.
Here are common documents requested in personal injury claims:
- Personal injury accident pictures
- Relevant medical records
- Receipts for medical bills and other expenses
- Injury victim’s insurance policy
- And much more.
Interrogatories
In the interrogatories, both the defendants and plaintiffs can ask the opposing party to gather case-related information. You will get the chance to ask about 30 questions. Based on all the areas of your case, you can ask for whatever details you want.
Here are a few examples of questions a personal injury victim can ask:
- Contact details or name of the involved party.
- Whether medical treatment has already been conducted.
- Insurance details that cover the accident.
- Injured victim’s relevant medical history and much more.
Legal Consequences and Coordination
As we all know, the discovery phase operates within specific limits. So, the parties are expected to coordinate and engage in legitimate efforts to share evidence. Suppose the opposing party fails to coordinate with the legal discovery request. This can have major implications for the court’s intervention to drive discovery.
In conclusion, the discovery phase is about finding out supporting evidence or relevant information based on your personal injury accident. This is why being genuine and straightforward is important to your claim result.
In order to get the right resolution for legal disputes, it is important to consult a personal injury lawyer.