Discovery
One of the most crucial steps of a personal injury claim is the discovery phase. During discovery, During discovery, both sides exchange information and uncover evidence and specific facts about the case. Discovery is an extremely useful tool for preparing for settlement negotiations or to get ready for trial.
Keep reading below to learn more about how discovery works and the different types of discovery that you may see used as part of your case.
The Purpose of Discovery in a Personal Injury Claim
Discovery serves several important purposes during the personal injury claims process. Some of the main purposes of discovery are:
Uncover Evidence
Throughout the process of discovery, both sides exchange information and evidence. This process is important to allow both parties to gather information that helps them build their case.
Evaluate Your Own Case
Discovery helps both sides to a personal injury claim identify the strengths and weaknesses of their claim. Using this information, your attorney can better assess your chances of success.
Prepare for Settlement Negotiations
Once you have gone through discovery, your lawyer can use all the available evidence to put an accurate value on your claim. This can help facilitate settlement negotiations since both sides now understand the risk of going to trial.
What Types of Evidence Are Identified During Discovery?
There are many types of evidence that may be uncovered during the discovery phase of your personal injury claim. Nearly any relevant evidence to the case may be discovered during this time.
This includes:
- Witness testimony
- Expert testimony
- Physical evidence
- Documents
- Photos or video evidence
- Digital evidence
While most relevant evidence is discoverable, there may be a few exceptions. Typically, irrelevant evidence is excluded from discovery requests.
Additionally, protected communications between you and your lawyer are not subject to the discovery rules. Attorney-client privilege protects these communications, and you do not have to disclose conversations with your attorney in which you were seeking legal counsel or advice.
Common Types of Discovery
Different types of evidence may be uncovered by different types of requests during discovery. Some of the most common types of discovery include:
Interrogatories
Interrogatories are written questions provided to a party that must be answered in writing. These types of questions allow a lawyer to dive into specific areas of the case.
In North Carolina, there is a limit of 50 interrogatories that may be served on a party. However, additional interrogatories may be allowed if both parties agree to the additional questions or the court deems them necessary.
Depositions
Depositions are commonly used in personal injury cases to gather witness testimony before trial. During a deposition, testimony is taken under oath and transcribed in case it is needed later. If a witness later changes their testimony, the deposition transcript can be used to impeach them.
There are many different parties who may be called to a deposition, including:
- You (the plaintiff)
- The defendant
- Medical experts
- Co-workers (if you were injured in a workplace accident)
Depositions are fairly informal, and they usually happen at a lawyer’s office. If you are called to testify at a deposition, you cannot simply ignore the request. You must attend the deposition or face legal consequences.
Requests for Production
Requests for production are used to obtain physical documents related to the case. This could include contracts, insurance policies, or other agreements. In personal injury claims, this commonly includes car accident reports, police reports, medical records, bills and receipts, pay stubs, and other relevant evidence.
Requests for Admission
This is used when one party requests that the other admit or deny certain facts. The litigation process can flow much more efficiently when parties agree on certain facts.
Facts that are not in dispute do not need to be litigated, so the case can proceed more quickly. When a fact is admitted by one party, the court usually accepts it as true for the remainder of the claims process.
How a Personal Injury Lawyer Can Help You Through Discovery
Having an experienced personal injury lawyer on your side during the discovery process provides several benefits. First, your lawyer can help you create and respond to discovery requests. This can help ensure that all relevant evidence is requested and discovered so that you are best prepared to resolve your claim.
Additionally, your lawyer can help prepare you for a deposition. This includes giving you advice about the types of questions you should expect, as well as conducting a mock deposition to help you be as prepared as possible.
Your attorney can also use the information gathered during discovery to develop the best strategy for your case. This increases your odds of success and allows your lawyer to put a more accurate value on your case.
Contact the Charlotte Personal Injury Lawyers at Chandler Volta Personal Injury Lawyers for Help Today
Handling discovery on your own can be challenging. Having an experienced lawyer on your side is critical to maximizing your recovery. Your lawyer can walk you through every detail of the claims process and can help you use discovery to build your case.
Contact the team at Chandler Volta Personal Injury Lawyers today to get the help you deserve. Schedule a free consultation at (704) 980-9999 with a Charlotte personal injury attorney and let us go to work for you.