What Is Discovery in a Personal Injury Case?

Discovery is the pre-trial phase of a personal injury lawsuit where both sides exchange information and evidence. It is one of the most important phases of litigation because it allows each party to learn about the other side's case, identify strengths and weaknesses, and prepare for trial or settlement negotiations.

Types of Discovery

Interrogatories are written questions that one party sends to the other, requiring written answers under oath. Common interrogatory topics include the facts of the accident, the nature and extent of injuries, medical treatment received, lost wages, and insurance coverage.

Requests for production of documents require the other party to provide copies of relevant documents such as medical records, insurance policies, employment records, photographs, and correspondence.

Depositions are in-person question-and-answer sessions conducted under oath and recorded by a court reporter. Both parties, witnesses, and expert witnesses may be deposed. Deposition testimony can be used at trial.

Requests for admission ask the other party to admit or deny specific facts, which can narrow the issues for trial.

Independent medical examinations may be requested by the defense to have their own doctor evaluate your injuries.

How Discovery Affects Your Case

Discovery often determines the outcome of a case. Strong discovery results can lead to a favorable settlement because the other side sees the strength of your evidence. Weak discovery results may reduce your settlement value or encourage the other side to take the case to trial.

Timeline

Discovery typically takes six to twelve months, depending on the complexity of the case and the number of parties involved. Courts set discovery deadlines, and failure to comply can result in sanctions.

Conclusion

Discovery is a critical phase that can make or break your personal injury case. Cooperate fully with your attorney during discovery and be honest in all responses.

Use our free settlement calculator to estimate what your case might be worth.