Discovery is an important part of a personal injury lawsuit, when parties exchange information essential to the case. Through the discovery process, both sides will learn key facts about things like liability and damages. Discovery helps both parties understand the strengths and weaknesses of their cases, which helps each side work toward a settlement and prepare for trial if needed.
What Is Discovery in a Personal Injury Claim in Georgia?
Discovery, as you might guess, is how parties to a lawsuit discover facts and details about the case. At the start of a personal injury case, neither the plaintiff nor the defendant has all the information about the case available to them. There is almost always more information to learn about the other side that they believe will help them win the case.
Through discovery, both sides will share information, obtain sworn witness statements through depositions, and send questions and answers to each other about information relevant to the claim.
Legal Tools Used During the Discovery Process
Common tools utilized during discovery in a personal injury case include the following:
Interrogatories
Interrogatories are written lists of questions that a party to the case will send to the other side. Once the opposing party is served with interrogatories, they have a short deadline to answer the questions.
Interrogatories are expected to be answered completely and honestly. They can help clear up disputed issues and supply useful background details.
Requests for Production
Parties can request documents and other materials relevant to a case while it is proceeding. A party might request certain medical records, employment records, digital evidence, video evidence, and other documentation connected to the case.
The plaintiff’s lawyer can ask the defendant for documents and other evidence related to their role in the accident, or any other information that is relevant.
Depositions
Depositions are a common tool in personal injury cases. Depositions are scheduled meetings with a party to the case or a witness to ask details about what happened and what they know. Since statements at deposition are taken under oath and can be used at trial, they should be taken seriously. Preferably, you will have a lawyer to consult with and prepare for a deposition.
As opposed to courtroom testimony, depositions are not held in courtrooms but more often in conference rooms at an attorney’s office. There is no judge and jury present during the deposition process. However, anyone testifying in a deposition should do so with a judge and jury in mind.
What Information Can Be Discovered in a Personal Injury Case?
Aside from privileged information, most facts relevant to the personal injury case can be requested and shared during discovery. There are limitations, such as certain medical records and personal information, that cannot be shared, however.
Relevant information would be any details making it more or less likely that the disputed event actually happened.
If you have a lawyer, the attorney will safeguard your privacy and only disclose information that must be shared during the case. A skilled lawyer will object if a discovery request is irrelevant or overreaches into privileged information.
Privileges can include attorney-client privilege, covering private communications between a client and their attorney. Other common privileges include doctor-patient privilege, or communications between spouses. An attorney with a strong background in the discovery process will help make sure your confidential communications are kept confidential.
Contact a Tifton Personal Injury Lawyer for a Free Consultation
Discovery in a personal injury case is the exchange of information fundamental to the case. Different strategies and methods can be used in the discovery process. An experienced Tifton personal injury lawyer in Georgia will know how to use the discovery process to your best advantage. To learn how The King Firm Car Accident and Personal Injury Lawyers can help in your case, contact our law office at (229) 386-1376 to schedule a free consultation.
