Understanding the Discovery Process in a Personal Injury Case

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 The law allows an injured person to file a claim for financial damages if their injuries and losses occurred as a result of the other person’s recklessness or negligence. In relation to this, the case is put under the jurisdiction of the court if the claim is not settled through negotiations with the other party’s insurance provider.  

Both parties are required to adhere to the court schedule, including the phase of “Discovery.” This is the formal process by which both parties to the lawsuit exchange relevant information. Many personal injury lawsuits are settled during the discovery phase once the insurance company realizes the true potential of the claim filed by the plaintiff’s attorney.  

It’s necessary that you work with an experienced and competent personal injury attorney to obtain the maximum possible settlement from the defendants before the case goes to trial.  

Key Actions in the Discovery Process Following a Personal Injury 

Discovery can extend to several different areas. However, there are a few primary steps that almost all attorneys take during the discovery stage. These steps lay a strong foundation for the case when it goes to trial. The attorneys of both the plaintiff and defendant will gather information from the opposite party shortly after the citation and petition are served to the defendant.  

This evidence is used for building a case. You should keep all records of evidence related to the accident and claim to make discovery go smoother. This includes: 

  • Photos of the accident scene. 
  • Medical records and bills. 
  • Photos of injuries. 
  • Proof of lost income. 
  • Invoices or receipts for other repairs. 

Key actions in a discovery process include: 

  1. Interrogatories

This provides a simple way for attorneys to gather the information required. One party will provide written questions to another party during this stage. And, the other party will need to answer the questions to the best of their knowledge. These are a few common things asked during interrogatories: 

  • Insurance coverage information and limits. 
  • Contact information. 
  • Identity of expert and any other witnesses that will be called in the case. 
  • Explanation of the cause behind the accident. 
  • Identification of parties that share responsibility in the case. 
  • Identification of evidence used in the case. 
  • Information about medical treatment, lost wages, and any other claimed losses. 

In case any new information becomes available after the answers are submitted, the relevant party is required by law to supplement the answers with additional relevant information. 

  1. Request for Documents

During this part of the discovery process, actual evidence is provided on request to the other party. In general, a party may object to the request, provide copies of the documents requested, or allow the other party to make their own copies of the documents. These are a few commonly requested documents: 

  • Doctor’s notes, medical records, and other treatment records. 
  • Medical bills. 
  • Damage reports. 
  • Employment records that indicate lost wages. 
  • Video or pictures of the injury and accident scene. 
  • Police or accident reports. 

  1. Request for Admissions

This request presents a series of allegations to the other party. It also asks the other party to deny or admit to each one of the allegations. This is helpful in narrowing down the issues involved in the case. It also prevents the attorneys from wasting time on things that remain uncontested. In case a party admits to certain things, these can be introduced as facts without having to prove anything at the trial. 

  1. Depositions

Depositions are basically question-and-answer sessions involving a potential witness or another party. These sessions are recorded and the person answering the questions is placed under oath. In some cases, a court reporter may be present to record the questions and answers. Ultimately, depositions are used for building a legal strategy or negotiating a settlement. 

Length of the Discovery Process 

The discovery process can take weeks or months to complete since it involves: 

  • Waiting for answers to interrogatories. 
  • Sorting through hundreds of documents. 
  • Setting up multiple depositions. 
  • Waiting on experts, such as doctors to provide relevant records. 

Even though discovery takes a substantial portion of time in a personal injury lawsuit, it is absolutely necessary. Your attorney will be able to prepare a strong argument based on what they find during the discovery process. They may also be able to prove fault and the amount of compensation you deserve.  

Importance of Choosing the Right Personal Injury Attorney to Represent You during Discovery 

Discovery is an important phase of a personal injury lawsuit. It is when both sides lay their cards face-up on the table. You need a meticulous and experienced attorney during this process. Your attorney should be able to uncover enough evidence to substantiate your injury claim and prove the liability of the at-fault party.  

Your attorney’s goal should be to place you in a position that helps you recover maximum compensation through a settlement with the defendants. Many successful personal injury claims go through the discovery process after a lawsuit, but never reach the courtroom because the defendants are willing to settle when they see the evidence your lawyer has discovered.  

Get a Highly-Rated Personal Injury Attorney on Your Side to Maximize Your Settlement  

If you or someone you care for has suffered a personal injury due to the fault of another, you need strong legal counsel from the robust attorneys at Fox Injury Law. Our personal injury attorneys will be by your side through the discovery process and other stages involved in the claim.  

At Fox Injury Law, we have decades of combined experience successfully representing individuals that were injured because of someone else’s reckless and negligent actions. Give us a call today and set up your free consultation to know your best legal options.  

The Importance of Medical Attention After an Accident

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When someone is involved in a car accident, the first and most important step should be to seek prompt medical attention. This is necessary even if you don’t feel any visible symptoms or pain after the injury. Sometimes the injury symptoms do not manifest for hours or even days.

Moreover, when it comes to personal injury claim settlement with the defendants, your initial efforts to get yourself medically checked and treated will constitute a critical part of the evidence. After you have received emergency medical care, it is time to speak to an experienced car accident attorney to file your injury claim with the insurance company and pursue your rightful financial damages.

Timely Medical Treatment Will Prevent Further Bodily Damage and Help in a Faster Recovery

The first thing you need to do after a car accident is to take care of yourself. It is important to seek medical attention even if you think you have not been injured badly. Internal wounds, concussions, whiplash, and various other latent injuries don’t always become apparent immediately. They become expensive and dangerous the longer you wait to get them treated.

Traumatic car accidents may also cause emotional and mental damage. These can be as challenging and damaging as physical injuries. If left untreated, emotional stress can sometimes cause more harm to the human body as compared to physical injuries. Injured victims are often more vulnerable to experiencing stress, insomnia, anxiety, and PTSD following a devastating car accident.

You may even experience a fear of driving or riding in the car for a few days or weeks following the accident. You should talk to a medical professional to get appropriate treatment for your physical pain and suffering and emotional anguish. This will also help you move forward with your life following the wreck.

Proper Medical Treatment Ensures that the Insurance Provider Cannot Blame You for the Worsening of Your Injuries

By visiting a doctor right away, you can prevent the insurance company from finding bogus reasons to deny or reduce your overall compensation. Medical bills can quickly pile up following a car accident.

You can ensure detailed documentation of your injuries by visiting a doctor. The paper trail will be reviewed by an insurance company when assessing the claim and determining the amount of money owed.

It’s critical to understand that insurance companies want to settle car accident claims as cheaply as possible. There are a lot of strategies employed by insurance providers to reduce or deny the claim amount. They may go so far as to claim that you were not injured in the car accident.

There have been reports where the insurance company denied compensation to accident victims because they did not visit the doctor quickly enough. You may try to brave through your injuries and pain only to visit a doctor eventually. With that said, the insurance company may deny the claim stating that your injuries were not severe enough to begin with.

This is a form of bullying tactic that is unfair to victims injured in a car accident. Unfortunately, it happens almost on a daily basis, which is why you should speak to an experienced car accident attorney, someone who has been through the legal rigors before and knows what it takes to come out on top, in addition to seeking prompt medical treatment. Your attorney will deal with all legal issues, including negotiating with the insurance company while you focus on recovering from your injuries.

Medical Documents Serve as Vital Evidence in Your Personal Injury Lawsuit

You deserve fair compensation if you suffered traumatic injuries because of someone else’s negligence. Medical records play an important role in documenting your physical condition. The longer you wait to visit a doctor, the more difficult it will become to prove the severity of your injuries and demand fair compensation.

Your attorney will use medical records for corroborating your claim if you decide to file a lawsuit. The records provide evidence in the form of doctor’s notes, x-rays, and patient files. These are proof of your suffering. It may get incredibly challenging to prove your case, regardless of how devastating your injuries are, without these records.

In the eyes of the court, your injuries and damages don’t exist if you don’t have evidence proving them. Visiting a medical professional for your emotional and physical wounds is the best way of ensuring that you have everything required to fight for fair compensation and justice.

Follow Your Doctor’s Recommendations and Appointments

It’s important that you follow all doctor’s recommendations and make it to the appointments. You are required to do everything possible to make your recovery short. This means participating in physical therapy, filling the prescriptions you get, and following orders regarding OTC medications, rest, and time off work.

You may feel like skipping a few appointments or ignoring treatment recommendations when you start to feel a little better. After all, no one really likes going to the doctor. But, this is exactly the kind of behavior insurance adjusters will pounce on to deny your claim. They will use your non-compliance as a valid justification to reduce the settlement amount.

Our Personal Injury Attorneys Have the Experience to Take on Large Insurance Companies.

If you or someone you love has been injured in a car accident caused by the fault of someone else, the experienced car accident attorneys at Fox Injury Law can help you recover compensation for your medical costs, lost wages, pain and suffering, and more. Our attorneys have helped numerous clients get the financial compensation and justice they deserve and we are ready to fight for your rights.

Schedule a free, no-obligation consultation with our legal team today.

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