What Is Discovery in a Personal Injury Lawsuit?
If you’ve been involved in a car accident or other personal injury incident and decide to pursue a lawsuit, you may have heard the term “discovery.” Discovery is a critical part of the legal process, allowing both sides to gather evidence, exchange information, and build their cases before trial.
When Does Discovery Start?
Discovery typically begins 30 days after the defendant files an answer to your lawsuit. The exact timeline can vary depending on the court and case complexity, but discovery usually lasts around nine months. In some cases, the court may extend the period if additional time is necessary to gather evidence.
What Happens During Discovery?
During discovery, both parties are legally required to share information relevant to the case. This can include:
1. Initial Disclosures
These are documents or information that each party must provide early in the case. They typically include:
Names of witnesses
Insurance information
Relevant medical records
Basic facts about damages or injuries
2. Written Discovery
Written discovery tools allow attorneys to ask questions or request information formally. Common methods include:
Interrogatories – Written questions that must be answered under oath.
Request for Production – Requests for documents, photos, or other tangible evidence.
Request for Admissions – Statements that the other party must admit or deny.
3. Depositions
Depositions are formal interviews conducted under oath. They can include:
The plaintiff or defendant
Witnesses who saw the accident
Expert witnesses, like doctors or engineers
Depositions are recorded, and the transcript can be used in court if necessary.
4. Subpoenas
Both sides can subpoena third parties to produce documents or appear for testimony. This can include employers, medical providers, or other witnesses who have relevant information about the case.
Why Discovery Is Important
Discovery is essential in a personal injury case because it:
Helps both sides understand the strengths and weaknesses of their cases
Provides an opportunity to gather evidence to support claims for injuries, medical bills, or pain and suffering
Allows attorneys to prepare for trial or negotiate a fair settlement
Without discovery, your attorney would have limited ability to present your case effectively.
Takeaway
Discovery is the legal process where both sides gather evidence, exchange information, and prepare for trial in a personal injury case. It includes initial disclosures, written discovery, depositions, and subpoenas. Understanding this process ensures that your attorney can effectively build your case and fight for the compensation you deserve.
