If you have been involved in an accident and wish to file a personal injury claim, you will be required to follow a series of legal procedures. One of these procedures is the discovery process. The discovery process essentially involves exchanging information between the two parties involved in the lawsuit, which can help to determine the extent of the injuries that a plaintiff suffered as a result of the accident. This article will guide you through what you should expect during the discovery process of a personal injury claim.
Table of Contents
Purpose of the Discovery Process
The main purpose of the discovery process is to allow both parties to gather the necessary evidence and information that would be relevant to the case. The information can include documents, physical evidence, witness testimony, and expert opinions. This would allow attorneys to prepare and present their cases better and ensure that every piece of information relevant to the case is exposed.
Interrogatories
Interrogatories are written questions that one party sends to the other. These questions are typically drafted by the plaintiff’s personal injury attorney and sent to the defendant’s attorney for them to answer. The defendant then has a set amount of time to respond to the interrogatories. These responses can be used as evidence in court.
Request for Production
A request for production is a collection of documents that one party sends to the other. The documents can include medical records, employment records, and any other relevant paperwork. Once the documents have been collected, both parties must review them, and if necessary, file motions to have the documents excluded from evidence if they are inadmissible.
Depositions
Depositions are used to obtain witness statements and can be a crucial part of a personal injury claim. During a deposition, the people involved in the lawsuit are asked questions under oath, and everything they say during the deposition is recorded by a court reporter. The information gathered through this process can later be used as evidence in court.
Request for Admissions
Request for admissions is used in the discovery process to ask the defendant to admit or deny certain facts. This step aims to expedite the process of trial by establishing the agreed-upon facts. In some cases, the plaintiff will send a request for admissions to the defendant, and if the defendant fails to respond within a set period, they will be considered to have admitted the facts in question.
Motions
During the discovery process, either the plaintiff or defendant can file motions. A motion is a request that is made to the judge, asking them to take a certain action. For example, a motion to compel can be filed if one party fails to produce relevant documents or to answer questions during a deposition.
Conclusion
The discovery process can be a long and complex procedure. It requires significant effort and time from both parties involved in the lawsuit. However, it is a necessary process that can ensure that evidence is gathered and presented to the court for an effective trial. Every step of the discovery process is crucial, and personal injury attorneys are well-versed in ensuring that the process is followed through properly. With the right representation, you can be sure that the discovery process will be conducted professionally and effectively, ensuring that you get the compensation you deserve.