What is discovery in a personal injury case? Discovery is a long stage after a personal injury lawsuit is filed when the parties exchange information about the facts of the case. This way, both sides can prepare for trial and negotiate with each other.
Discovery is normally handled using various methods to get and share information related to the lawsuit. The length of this process, overall, will depend upon the facts and complexities of your case, but the bulk of time between the lawsuit and the trial consists of the discovery stage.
What Is “Discovery” In a Personal Injury Claim?
As the name states, this is the time when both sides of a lawsuit “discover” all relevant facts about the case. This is when evidence is collected, statements are made under oath, and each side sends questions and requests for information to the other party.
Discovery can help encourage settlement and avoid trial when the evidence weighs strongly toward one side or the other. If the case does proceed to trial, the discovery process ensures each side has the information they need, and there are no surprises on the day of trial. Also, perhaps most importantly, discovery can lead the at-fault party’s insurance company to acknowledge responsibility and offer payment to the accident victim.
An experienced personal injury lawyer will know how to conduct discovery and when a settlement offer is fair. Discovery can be exchanged through different methods. Depending on the facts of the case and the information needed, some or all of the following discovery techniques could be used.
Interrogatories
Interrogatories are written questions that are submitted to the opposing party. In Louisiana, parties are limited to 35 interrogatories (if more questions are needed, your lawyer will need the court’s permission to send more interrogatories). They must then either answer each question truthfully, to the best of their knowledge, or make a legitimate objection to the question. Interrogatories are geared toward getting information about the accident and the other person’s involvement in a personal injury case.
Requests for Production of Documents
These are requests for any documents or other materials a party has supporting their claim or defense. They can include police reports, medical records, medical bills, employment documents, pay stubs, and other documented evidence supporting your personal injury claim. Your lawyer can also request materials from the defendant that could help prove their involvement and potential negligence.
Requests for Admission
Requests to admit seek sworn statements as to what did or did not occur. During discovery, your lawyer can submit requests for admission to the opposing party with a list of alleged facts or statements. These are geared toward getting firm “yes” or “no” answers to key questions in your case.
The receiving party can either admit, deny, or claim a lack of knowledge sufficient to form an answer. These help clear up the issues so both sides can determine which issues are truly contested.
Depositions
Depositions are oral statements given under oath through the form of questioning. The other side’s lawyer will arrange a meeting in which you and your lawyer will be present. Then, you will answer their questions to the best of your ability under oath.
Depositions are less formal than courtroom testimony and usually take place at an attorney’s office. However, your statements in a deposition can be used at trial if you later give statements that conflict with your deposition testimony. Your lawyer will also get to ask you questions and object to questions from the defense lawyer.
For many reasons, a deposition should be taken just as seriously as testifying in court. Witnesses to the accident, medical experts, and others could also be brought in for depositions.
What Information Is Discoverable In a Personal Injury Case?
Almost all information that is not privileged can be discoverable in a personal injury case. However, the information must be related to a party’s claim or potential defense. For example, if you claim emotional distress due to the accident, your medical and mental health records could become discoverable – if you did not already offer them first.
In a personal injury case, you could be asked to provide any of the following:
- Medical records
- Employment records
- Photos or videos, if taken on your own device
- Emails and text messages
- Phone records
- Information about any pre-existing health conditions.
Often, your attorney would offer many of these records voluntarily through interrogatories and requests for production. After all, they most likely would support your claim for damages. Defense attorneys can seek most of this information from you, although your lawyer will have opportunities to object when needed.
The most common objections to discovery requests are based on privilege. One of the most common types of privileges cited is attorney-client privilege. This protects confidential communications between you and your attorney. When medical records are involved, doctor-patient privilege can also come into play. Also protected would be communications between you and your spouse or you and a religious advisor.
A Louisana Personal Injury Lawyer Can Help With the Discovery Process
If you or a loved one have been injured in an accident in Louisiana, you have important legal rights. If you file a personal injury lawsuit, your case will involve discovery exchanges between both sides. An experienced Louisiana personal injury lawyer at Kenny Habetz Injury Law can help you understand your options and fight for the compensation you deserve. Contact our law firm at (337) 399-9000 to schedule a free consultation.
