Winning a personal injury lawsuit needs powerful evidence. Also, though injury victims usually provide this evidence themselves, there are other people that have information that can aid your case. Many times such individuals are defendants and other people involved in the lawsuit. They could be parties outside of the case, too. In order to gather this evidence, the Bryant Law Firm utilizes a process called discovery.
Understanding the Discovery Process
Discovery can be classified as the fact-finding portion of a lawsuit. A crucial role your lawyer will play is to research the important facts surrounding your injury. By using a car accident as an example, that information could include such matters as:
The at-fault driver’s background and facts, such as driving records, their insurance company, and whether the driver was employed during the wreck.
Evidence about the wreck, itself, to include the accident report, witness identities, and surveillance video of the wreck.
Defect in the vehicle that could have caused the collision or exacerbated the injuries, such as a defective airbag.
These are only a few examples of what the Bryant Law Firm will want to examine regarding the collision. On the other hand, the defendant will require evidence that can work in its defense. Therefore, discovery works both ways and any party involved in the case can utilize it.
There are several different procedures that lawyers use in the discovery phase to research what they need to know. Below is an outline of some of them:
Interrogatories - Written questions sent from one party to another. They are used to gather relevant information regarding the collision. The number of interrogatories is limited, therefore a lawyer should be strategic about which ones to use. The responding party has a limited time to answer interrogatories, and these must be answered entirely and honestly. An interrogatory can be objected to in certain scenarios.
Requests for Production of Documents - Paycheck stubs, medical records/bills, and several other documents are important to any personal injury case. Petitioners usually depend on such documents to show the extent of their damages and the at-fault party’s liability. In essence, the request for production of documents is used to request that a party hand over relevant records in their possession.
Requests for Admission - In most personal injury cases, there are certain facts that are never contested by either party. When a fact is not in dispute, it is a waste of time and money proving the fact in court. Requests for admission are used to remove these facts, so time can be transferred to more disputable issues. A party can deny or admit each factual request it receives. Statements that are admitted can be easily used in court without needing to call witnesses.
Depositions - Depositions are question-and-answer interviews in which witnesses, parties, and others are asked about matters relevant to the personal injury case. Answers are given under oath. Therefore, a deposition is sworn testimony and usually necessary to gain knowledge or avoid unanticipated surprises during the trial.
If you have a personal injury case, hire a lawyer that thoroughly understands discovery. You need the Bryant Law Firm, LLC. We understand how to use discovery to gain critical evidence and how to meticulously respond to discovery requests that you may receive. Call us today to learn more.