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Discovery Process in a Personal Injury Lawsuit

Seth Harris

Last modified on February 3, 2023

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.

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Over $500 Million in Verdicts and Settlements

Our track record showcases over $500 million won for our clients. Each victory underlines our commitment to justice and client care. Explore our impact, case by case.

VERDICT

$17,500,000

A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.

VERDICT

$4,730,398

Harris Keenan & Goldfarb partners Seth Harris and Sheri Holland obtained a $4,730,398.00 jury verdict on behalf of our client who tripped and fell at a private apartment building in the Bronx, suffering a broken foot that developed a very painful, permanent neurological condition called Reflex Sympathetic Dystrophy (“RSD”).

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$12,561,772

A Bronx jury awarded John Doe over $12 million for an accident on a construction site. John Doe was working when a piece of scaffold weighing 35 pounds fell, striking John Doe in the lower back. John Doe suffered a herniated disc requiring surgical removal of a portion of the disc and permanent nerve damage.

VERDICT

$10,500,000

A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot and killed by the New York City Police Department. The police officer, Louis Rivera, also a defendant in the case, was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected under the United States Constitution.

VERDICT

$4,000,000

A Bronx jury awarded plaintiff William Cardoza $4 million for injuries caused by the use of excessive force during an arrest. During the arrest, Mr. Cardoza was pepper-sprayed and repeatedly hit with a police nightstick. As a result, Mr. Cardoza sustained injuries to his hand and finger.

VERDICT

$3,470,670

The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine that exploded while the defendant’s employee was demonstrating how the machine worked. The client was a customer at the defendant’s coffee shop on the date of the accident and suffered first-degree burns to her right (dominant) hand.

VERDICT

$4,000,000

The firm represented the mother- decedent and her infant son. During the decedent’s admission to the defendant hospital, the defendant dispensed anesthesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered personal injuries and wrongful death due to the defendant’s failure to properly administer epidural anesthesia.

VERDICT

$3,823,000

Mr.Brennan fell from approximately 25 feet while working on a construction project. He suffered a shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennan also suffered two fractures in his facial bones, and a dislocated finger requiring surgical repair.

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$2,750,000

The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice. The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain damage, and received a Brooklyn personal injury settlement.

VERDICT

$1,677,835

The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his hip and as a result is confined to a wheelchair for the rest of his life. The client claimed that the staff of the home failed to properly care for him, and the jury awarded $1,677,835.

VERDICT

$2,995,000

The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed four to five days prior to the date of the accident, and the sidewalk was covered with ice. The client suffered a lumbar fracture and a herniated disc. The jury found the city liable and awarded the client a $2,995,000 personal injury settlement in the Bronx.

VERDICT

$2,610,000

A Bronx jury awarded plaintiff Luis Molina $2.61 million for injuries sustained when he fell down a subway station stairway. Mr. Molina was caused to slip and fall as a result of a plastic bag that had blown onto the steps from a street opening. As a result of the fall, Mr. Molina suffered a herniated disc and a tear of his right shoulder’s rotator cuff. The jury found that the NYC Transit Authority was liable for the accident.

VERDICT

$2,253,714

A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall when she moved to the right to allow another pedestrian to pass, and her foot rolled to the outside due to the sidewalk being unlevel with the adjoining grass. The jury found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.

VERDICT

$1,900,000

A Brooklyn jury awarded Arvella Floyd $1.9 million for a fractured wrist which required multiple surgeries, including an open-reduction internal fixation and a carpal tunnel release. Ms. Floyd was injured when the hot water knob of the shower fell off after numerous complaints to the superintendent, and scalding water spewed toward her, causing her to
fall and break her wrist.

VERDICT

$1,350,000

A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive force during an arrest. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her children watching, and taken to the top of the stairs to exit the building. The officer proceeded to push her down the stairs multiple times.

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I am pleased with the services provided by Ms Sheri on my case. The team at Harris, Keenan, & Goldfarb were very nice and explained everything to me. Everything that I had questions on they answered without frustration and were prompt and knowledgeable.6 years ago I had a slip and fall accident at my employers place of business. I reached out to them because I knew that I was being wrongfully treated. They took care of the case, restored my self confidence, and brought so much peace to my problem riddled life.I can recommend without a shadow of a doubt the services of Harris, Keenan & Goldfarb to anyone who is in need of someone who will have your back!
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