What Happens During The Discovery Phase Of A Personal Injury Case?

The discovery phase of a personal injury case usually begins right after a lawyer files suit in the name of the plaintiff he or she is representing. This stage of personal injury proceedings is a very important time during which a personal injury attorney will conduct research that will help form an argument in support of the plaintiff’s claims.

As a plaintiff, you have some responsibilities to fulfill during the discovery phase. By understanding the discovery process, you’ll be better able to assist in the proceedings and more likely to win your case.

The following are the three major parts of the discovery process in a personal injury case:

Written discovery

The first part of the discovery process usually consists of attorneys on both sides of the case sending out written requests for information. Written discovery usually includes the following:

  • Interrogatories– Interrogatories are simply general questions about the case that are sent back and forth between the lawyers of the plaintiff and the defendant. They must be answered in writing within a certain period of time. 
  • Requests for production– If an attorney needs the opposing attorney to produce certain documents, he or she can send out requests for production. These typically involve requests that the opposing attorney produce items such as bills, documents, photographs, records, receipts, and reports.
  • Requests for admission– A request for admission can be sent to an opposing attorney to request that basic facts be admitted under oath in preparation for trial. Requests for admission can speed things up once the trial begins by getting the admission of basic facts out of the way. 

Depositions

During a deposition, you will be asked questions by the defendant’s attorney. These questions will give you a chance to explain your injury, the event(s) that led to your injury, your previous medical history, your treatment, and more. 

In addition to your deposition as the plaintiff, depositions might be required from other individuals with knowledge of your injury. Witnesses of an accident or doctors providing expert testimony might be required to give depositions, for example. 

Medical examination

In your personal injury case, the defendant will have the right to have a medical examination performed on you by a doctor. This doctor will compile a report about his or her professional opinion regarding your injuries.

Alternatively, the defendant might choose to simply have a doctor examine your medical records rather than perform an actual examination. If you have other questions or want more help, try contacting a company such as Law Office Of Daniel E Goodman with any concerns or questions you want to know about.

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