The Discovery Process Before a Personal Injury Claim
Those who suffer physical and/or mental pain from car accidents due to the negligent actions of another driver are entitled to damages for the personal injuries sustained during the course of an accident. Upon initiation of a personal injury claim, and after pleadings have been dealt with through the court, the pre-trial process of discovery begins. Discovery is a process by which as much information as possible from all parties to a claim are provided to establish all relevant facts, interpretations, and necessary documents and evidence for examination during trial.
The first stage of discovery involves written interrogatories. An interrogatory takes the subjective statements of facts as seen or understood by the parties to a claim. Both the plaintiff and the defendant will receive these interrogatories and be asked to complete them. The questions contained therein may be general, or specific, but they will all relate in some way to the incident in question for which a claim is being brought forth.
The next stage of discovery is called document production. Document production involves both sides showing each other any and every document that could even tangentially be related to a case. In a personal injury case involving a car accident, this may be as simple as providing medical reports, police reports, and insurance documents, though in more complex cases involving bigger companies, documents can range in the hundreds of thousands of pages.
After document production comes depositions. Depositions involve interviewing the plaintiff, defendant, and witnesses, whose statements are all recorded and made under oath. These interviews are not a part of the actual trial, though the statements made can and will be used at trial. Lawyers from both sides ask questions in the presence of the other side’s attorneys who can object to any questions and advise their client not to answer if needs be. Depositions are important because they essentially lay out how the trial will go, what the converging and competing stories will be, and reveal what evidence will be submitted for admission.
Honesty is always the best policy in any part of the discovery process. Deviating from the truth, or attempting to hide anything, will only complicate matters and lessen one’s chances of winning at trial, since the discovery process usually brings everything to light. Additionally, having a good personal injury lawyer to advice and counsel during the discovery process can make or break a trial for some plaintiffs. There are numerous ways to paint a picture of the plaintiff, the defendant, and the witnesses, all of which can affect the outcome of a trial, no matter how cut and dry it may seem on the surface. A skilled lawyer at your side can protect you from legal tricks and unfair questions that can harm you once the claim gets to the courtroom. Among the best personal injury lawyers in Los Angeles belong to the California Attorney Group, who have years of experience dealing with discovery, trial, settlement, arbitration and mediation, and much more. Without the help of a skilled personal injury lawyer at your side, you leave yourself open to any number of lawyer’s tricks that the defendant will certainly use to dismiss the case, or at the very least, greatly diminish the amount of damages owed. Don’t let this happen. Come in to a discovery proceeding with a legal advisor who has seen it all before, and knows how to handle what is to come. Contact the California Attorney Group today.
