What is Discovery and How is it Used in a Personal Injury Case?

Discovery is a legal process that will likely take place during a personal injury lawsuit prior to the matter reaching a trial. It involves both parties exchanging information and evidence related to the case. The goal of discovery is to help both parties build their case and ensure no surprises during the trial.

The Discovery Process

During the discovery process, each party must provide the other party with any relevant information or evidence they have related to the case that would not be publicly known or readily available for the party seeking it. This can include requests for production of documents such as medical records, witness statements, photographs, interrogatories, etc.

There are several ways that discovery can take place, including:

Interrogatories: These are a formal set of written questions that one party sends to the other party, and they must be answered under oath in order to clarify matters of fact.

Depositions: These are interviews that take place under oath, where the person being interviewed is asked questions by the opposing party's attorney. The deposition may be reduced to a written transcript for later use in court.

Requests for production of documents: These are requests for the opposing party to provide certain documents or evidence related to the case. The aim is to gain insight into any relevant evidence the opposing party holds.

Requests for admission: These are statements that one party asks the other party to admit or deny.

How Discovery Helps a Personal Injury Case

Discovery is essential to building a personal injury case as it helps your attorney prepare for trial or aid either party as they attempt to reach a settlement agreement. Discovery allows both parties to gather information and evidence that will help them build a stronger case, which aids in anticipating what the opposing party may argue and help you prepare for a strong rebuttal. 

For example, if you were injured in a car accident, discovery could help you gather medical records that show the extent of your injuries. It could also help you gather witness statements that support your version of events.

Conclusion

Discovery is an important part of any personal injury case. It helps both parties gather information and evidence that will help them build a strong case and prepare for trial.  At Forward Law Group, we have a team of seasoned personal injury attorneys who are ready to help you through the discovery process to ensure that you have all the information necessary to make informed decisions!