When accident victims file a lawsuit, they almost never have all of the evidence and information they will need to successfully pursue their claim. This is where discovery comes in. It is the formal request and exchange of documents and information between parties to a personal injury lawsuit.
As a victim, you will need to both send and respond to discovery requests, making this a critical phase of your lawsuit. Having an attorney who is skilled with the discovery process will make a difference in your case. Find out how the Santa Fe personal injury attorneys of Hunt Law Firm can serve you.
The Purposes of Discovery
Although an accident victim will likely have some evidence related to their claim (e.g. pictures of the accident scene), they probably won’t have all that they will need to win a lawsuit. They must use discovery to obtain this evidence. This process, which begins after a personal injury lawsuit is filed, has the following goals:
- Collecting the evidence you need
- Identifying all potential at-fault parties
- Evaluating the strengths and weaknesses of your case
- Evaluating the strengths and weaknesses in the other parties’ cases
- Successfully mediating a settlement, if possible
- Preventing surprises at trial
Discovery Tools in Your Santa Fe Case
Your lawyer can use various discovery methods, and you may receive the following as well:
- Interrogatories: An interrogatory is a written request that the recipient must answer under oath. They often cover a broad range of topics related to the victim and their involvement in the accident.
- Depositions: A deposition is oral questioning of a witness under oath that is recorded for later use in court. Depositions allow lawyers to gain valuable insight into the accident and gauge the credibility of witnesses.
- Document requests: Relevant documents such as insurance policies and accident reports play a major role in a Santa Fe personal injury lawsuit. Your lawyer will instruct you which documents to ask for and which you must provide in response to requests.
- Requests for admission: As the name indicates, these are statements sent to a party asking them to admit or deny certain facts. Requests for admission can narrow the scope of litigation and related costs by establishing which matters are or are not in dispute.
- Medical examinations: You may be asked to submit to a medical examination to gauge the nature and extent of your physical injuries. A medical professional will conduct this.
How Long Does Discovery Take?
Discovery cannot begin until a personal injury lawsuit is filed, and the timeline will depend on the unique facts of the case. In general, parties have 30 days to answer discovery requests. But the overall duration of discovery will depend on such factors as:
- How complex the personal injury case is
- How many parties to the lawsuit there are
- The attitudes of the parties (e.g. whether they cooperate with the discovery process)
- Whether court action is required to force compliance with discovery requests
Your Santa Fe personal injury attorney will thoroughly review the facts of your case and make discovery requests that seek comprehensive answers and evidence.
Preparing For Discovery
There are a few things you can do to get ready for the discovery process. You should discuss these and related matters with your attorney:
- Gather all relevant evidence: These include pictures, videos, medical bills, paystubs from work, and much more. You will likely have to turn over copies of this evidence to opposing counsel, so check with your attorney about what you will need.
- Know what you will be asked: The opposing parties will want to know the extent of your injuries, what role (if any) you played in causing the accident, and the details of your damages claim. Let your attorney guide you as to how specifically to provide this information.
- Write down how the accident happened: If you have not already done so, you should write detailed notes about the events leading up to and immediately after the accident. This will help your attorney know what to request.
- Be ready for sensitive questions: It is highly likely that the other parties will ask sensitive questions about your medical condition. These details are generally relevant to the claims you make in your lawsuit, up to a point. But you may be able to raise objections to some of these questions or limit the scope of your answers.
Managing Discovery and Litigating Your Case
As you pursue your personal injury lawsuit, you will need a committed attorney who is ready to make the most of discovery. Our team is ready to put together a strategic discovery plan for you, ensure that you appropriately request and respond to discovery, and move forward with confidence. Connect today with Hunt Law Firm to begin.