Stage 7 of 10: Discovery Process of a Personal Injury Lawsuit

Learn How The Discovery Phase of a Personal Injury Lawsuit Works

This article is Part 7 of The 10 Critical Stages of a Personal Injury Lawsuit.

By law, once the personal injury lawsuit is filed, each party has the opportunity to file papers with the court, to request any evidence not already disclosed by the other side. This process, called "discovery," can be the lengthiest part of a personal injury lawsuit, lasting from a few months to a year or more. If any party refuses to provide discovery, additional court action is necessary, in order to compel participation. Discovery can come in different forms:

1. Interrogatories - These are written questions that call for sworn, written answers from you.
2. Requests for Production - These are written requests, used to acquire records, like your medical records, or physical evidence.
3. Depositions - A deposition is a proceeding in which you may be called to give testimony in response to questioning from attorneys for both sides. Your testimony is sworn, recorded by a court reporter, and may be used as evidence in court.

Your personal injury attorney will review and help prepare your answers to interrogatories and your responses to requests for production, and your lawyer will work with you closely to prepare for any deposition testimony that you may give. Your personal injury journal can be of great assistance in this process, so keep writing and taking photographs! Just make sure that you don't present something by surprise in a deposition, without seeking advice from your personal injury attorney first, even if you have to ask for time to do it, right in the middle of giving testimony.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags:  Personal Injury Attorney · Personal Injury Lawsuit