Discovery
Discovery is one of the most important phases in a personal injury lawsuit. It is when the parties to a case exchange information and facts about the case. Discovery allows both sides to learn more about each other’s evidence, make progress in settlement negotiations, and prepare for trial.
There are various written and oral methods that are used in the discovery process. The extent of discovery will depend on the facts and issues involved in a claim and how complicated the disputed issues are. Here is an overview of how the process works in personal injury cases.
What Is the Role of Discovery in a Personal Injury Claim in Colorado?
True to the name, discovery is the time when two parties to a lawsuit “discover” additional facts and information about the case. Evidence is collected and shared during this process, witness statements are obtained through depositions, and each side will send questions and answers to the other party (interrogatories).
The discovery process is useful in two main ways. First, it allows both sides to learn more about the case by accessing information in the other party’s possession. This helps both sides build a strategy and learn the strengths and weaknesses of their case. Discovery also avoids unfair surprises at trial by requiring both sides to exchange evidence.
Second, discovery helps encourage settlement negotiations and avoid a trial in many cases. A plaintiff might find their case is not as strong as they thought it was, or the defense may find the odds are stacked against them if they take a case to trial. This can encourage a defendant and their insurance provider to consider making a settlement offer to the claimant.
Some common discovery methods in a personal injury case include the following:
Interrogatories
Interrogatories are sets of written questions sent to the opposing party. Once submitted to the other side, the opponent has a certain number of days to answer the questions. Interrogatories must be answered honestly and to the best of a party’s knowledge.
A lawyer might object to certain questions if they are irrelevant or seek information outside a party’s possession or knowledge. However, interrogatories can help clarify disputed issues and guide both sides to better understand the case.
Requests for Production of Documents
A party to a case can request documents or other materials that might be relevant to the case. Requests can be geared toward accident reports, certain medical records, medical bills, employment documents, digital evidence, video recordings, and other documented evidence related to the case. Your lawyer can seek materials from the defendant that might help prove their role in the accident and potential liability.
Depositions
Depositions are a critical part of any personal injury case. Through a deposition, you can schedule a meeting with a party or witness to ask about what happened, what they know, and other information relevant to the case.
Depositions are similar to courtroom testimony but less formal. Instead of a courtroom, depositions are usually handled at an attorney’s office. However, statements in a deposition can be used at trial and carry the same weight as trial testimony.
Through the skillful use of a deposition, the defense will attempt to challenge the plaintiff’s version of events and weaken their case. That’s why it’s so important to have an experienced personal injury lawyer on your side. With the right legal support, you’ll be better prepared to answer questions accurately, avoid mistakes, and protect your case.
What Information Is Discoverable in a Personal Injury Case?
Except for privileged information, almost any facts relevant to a case can be sought during discovery. Due to privacy concerns, personal information and health records are limited.
However, when physical injuries and medical documents are part of a plaintiff’s claim, health information surrounding the injury can be discoverable. Relevant information includes any facts that make it more or less likely that something in question actually happened.
In a personal injury case, plaintiffs can be asked to provide any of the following:
- Medical records
- Employment records
- Photos or videos
- Emails, texts, and other written communications
- Phone records
- Information about pre-existing health conditions
Your lawyer will be careful to disclose only what is relevant and discoverable as part of your case. Objections can be made if a discovery request is irrelevant or burdensome. Meanwhile, the plaintiff’s attorney can ask the defendant for the same information they might have.
Privilege is a common objection to many discovery requests in a personal injury case. Oftentimes, attorney-client privilege is cited. This protects private communications between you and your attorney. When medical records are requested, doctor-patient privilege can apply. Communications between a person and their spouse or a spiritual advisor can also be subject to privilege.
Contact a Denver Personal Injury Lawyer for a Free Consultation
Discovery in a personal injury case involves sharing and exchanging information critical to the case. Different methods and strategies are involved in the discovery process. To learn more about how Zaner Law Personal Injury Lawyers can help, contact our law office online or call (720) 613-9706 to schedule a free consultation with a Denver personal injury lawyer.
