HKGLogo_blue.png
Call 800-PAIN-LAW
Search
Close this search box.

Discovery Process in a Personal Injury Lawsuit

Last modified on

Process in a Personal Injury LawsuitThe discovery process is a significant part of a personal injury lawsuit. Your lawyer and the defendant’s attorney use discovery to gather evidence to prepare for the upcoming trial. They can request information from each other to determine what evidence the other party will present and how to argue against it.

It is important to have an attorney who can handle discovery and other aspects of your lawsuit. Hiring someone immediately after an accident is crucial. However, if you have handled your case alone so far, consider retaining legal services before the discovery stage starts.

Elements of the Discovery Process in Personal Injury Cases

The discovery process starts after you file a lawsuit against someone else, and they respond to your initial complaint against them. The complaint includes details of the incident and the allegations against the defendant.

Discovery includes four primary legal documents filed with the court:

  1. Requests for Admissions
  2. Interrogatories
  3. Depositions
  4. Requests for Production

Requests for Admissions

Each lawyer will file requests for admissions for the opposing party to answer. A request for admissions is a series of statements the responding party must admit to or deny. For example, your attorney might request the defendant to deny or admit to being at the accident scene. This aspect of discovery helps each lawyer decide what facts they should discuss at trial.

Interrogatories

An interrogatory is a list of questions or statements related to the case. You and the defendant must each respond to the interrogatories the opposing party requests. Providing information for interrogatories can be time-consuming. State law limits the number of interrogatories to 25 unless the court orders more or both parties agree to a different number.

It might not seem like too much to handle, but your responses must be accurate and truthful. The last page of interrogatories typically includes a place for your signature and a notary public’s signature. That means you provide your answers under oath. Putting false information forward can negatively affect your lawsuit and potentially lead to legal consequences.

Some interrogatories are irrelevant to the case. You might not have to respond to them. This is where having an experienced lawyer is helpful. They can inform you of the questions you must answer and when you can object to providing specific information.

Some common interrogatories in a personal injury case include:

  • Your name, contact information, and other basic details
  • Brief description of how the incident occurred and who you believe is at fault
  • Type and severity of the injuries you sustained in the accident
  • Type of treatment you sought, including the names of the doctors and dates of treatment
  • Description of how the injury affects your daily life and whether it prevents you from working or completing routine tasks
  • Prior accidents that caused injuries or conditions you had before the most recent incident
  • The name of your insurance company and policy number
  • Any damage to your personal property during the accident and the extent of the damage

Depositions

A deposition is a question-and-answer session involving opposing parties in a personal injury lawsuit. Your lawyer can request a deposition from the defendant to get information about the case on record. The defendant’s attorney can also request a deposition from you.

The deposition occurs in a neutral, informal setting with each party, their lawyer, and a court reporter. The court reporter records everything said during the session. When the deposition ends, the court reporter creates a transcript each side can use as evidence.

You are under oath during a deposition. That means you must answer every question honestly. Lying won’t help your case, especially if the opposing party finds out later. They could present your statements as evidence to show the judge or jury that you are unreliable as a witness.

Requests for Production

Process in a PILawsuitYour attorney and the defense lawyer can request evidence from each other by filing requests for production. Evidence commonly exchanged in a request for production includes:

  • Your medical records and bills
  • Copy of the police/incident report
  • Security camera footage of the accident
  • Documentation of personal property damaged during the incident
  • Photos from the accident scene
  • Statements from experts, such as medical providers and accident reconstruction specialists
  • Lost wage reports showing your time off from work and unearned income after the incident

Fight for Justice with Harris, Keenan & Goldfarb

At Harris, Keenan & Goldfarb, our personal injury lawyers believe in fighting for the best possible result for injured clients in New York. We understand how much you’ve struggled since the accident and want to help you hold the at-fault party accountable. Our attorneys have helped our past clients recover over $500 million in compensation and we look forward to helping many more in the years to come.

Call us at 800-PAIN-LAW or dial #PAIN today for a free consultation if you sustained injuries in an accident due to someone else’s negligence. Let us pursue the compensation you deserve.

Related posts

How to prepare for your deposition

How to know if your deposition went well

Punitive damages in a personal injury lawsuit

Talk to us! Book an appointment!

Injured in an accident?
Get a free consultation today!

Contact us

Contact Us

"*" indicates required fields

Frequently Asked Questions

When you have suffered an injury, it can be difficult to know what to do next. If the injury was caused by someone else’s negligence, you may be entitled to compensation. However, filing a personal injury claim can be a complex and time-consuming process. An experienced attorney can help you navigate the legal system and fight for the maximum possible compensation.

The first step is to consult with an experienced personal injury attorney. They will be able to review the facts of your case and advise you on whether or not you have a valid claim. Even if you do not have a strong case, an attorney may still be able to help you recover damages through negotiation with the other party’s insurance company. If your case does go to court, the judge will consider various factors in order to determine whether or not you are entitled to compensation. These factors can include the severity of your injury, the cost of your medical bills, and the amount of time you missed from work.

The answer depends on a number of factors, including the severity of the injury, the insurance coverage available, and the type of accident. In general, however, if you have suffered a serious injury that will require extensive medical treatment or result in long-term disability, you should speak to an attorney as soon as possible about your legal options. An experienced personal injury lawyer can help you navigate the complex claims process and fight for the compensation you deserve.

There are a few things to consider when choosing a personal injury attorney. First, you want to make sure that the attorney has experience handling cases like yours. Second, you want to make sure that the attorney is licensed to practice in your state. Third, you want to ask about the attorney’s success rate. Fourth, you want to make sure that the attorney has a good reputation. Finally, you want to make sure that you feel comfortable with the attorney. Do not hesitate to reach out to us to schedule a free consultation to determine if we are the best choice for your case.

Once we decide to take on your case, we will then begin gathering evidence and investigating the accident. This may involve interviewing witnesses, reviewing police reports, and obtaining medical records. Once we have gathered all the necessary information, we will then work with you to build a strong legal case. If an agreement can’t be reached out of court, our attorney will then take your case to trial. Throughout the entire process, your attorney will be by your side, fighting for the compensation you deserve.