Discovery is a crucial phase in any personal injury lawsuit. During this process, both the plaintiff and defendant have the opportunity to gather evidence and assess the case’s merits. Several types of discovery may take place during your claim.
Continue reading below to learn more about the various types of discovery, as well as how discovery fits into the legal process.
What Is Discovery?
Discovery is not simply the process of going out and gathering evidence on your own, such as photos or video surveillance. Instead, discovery is a formal process by which both parties may be ordered by the court to participate. When one party requests information from the opposing party during discovery, the latter is usually required to provide that information (unless it falls within a clear exception).
Typically, discovery occurs before the trial and takes place before settlement negotiations begin in most cases.
Common Types of Discovery Used in Personal Injury Claims
Some types of discovery are quite informal, such as producing documents or other information. However, other forms of discovery are more formal and may even occur under oath.
The most common discovery methods are:
Interrogatories
While this may sound complicated, interrogatories are usually quite simple. These are sets of written questions given to the opposing party. For instance, the plaintiff in the case may provide a set of questions to the defendant, and the defendant is required to respond to those questions.
Missouri law limits the number of interrogatories to 25, including discrete subparts, per party. Keep in mind that the answers provided to interrogatories are binding, as these answers are provided under oath.
Requests for Production
A request for production means that one party has requested the other to produce certain documents. These may be physical paper documents or electronic versions of documents.
For instance, requests for production are common in many personal injury claims, such as car accident claims or slip and fall cases. If you are seeking compensation for your injuries, the defendant may request that you provide copies of your medical records or an accident report.
Requests for Admission
A request for admission can be used to establish a particular fact during a case. Once the fact is established, there is no need to present additional evidence or litigate that particular issue. Requests for admission can be useful to make the litigation process more efficient. When served with a request for admission, you can admit, deny, or state your unawareness of the fact.
Depositions
Depositions are one of the most formal methods of discovery. During a deposition, a lawyer will generally ask you questions, and you must respond under oath. Depositions also include a court reporter to record everything that is said during the deposition. A deposition is very similar to testifying on the witness stand at trial, but it usually takes place in a lawyer’s office.
Several different parties who may be called for a deposition, including:
- The plaintiff
- The defendant
- Expert witnesses
- Third-party witnesses
- Medical providers
If you are called for a deposition, you cannot simply ignore it. You must attend it or respond and attempt to reschedule. Failure to appear for a deposition may result in court sanctions.
Because no two personal injury cases are the same, your legal strategy should be tailored to your situation. Your lawyer will be able to determine which methods will be most effective throughout the discovery process.
What Is the Purpose of Discovery?
Discovery serves several important functions during the litigation process. One key role of discovery is to evaluate the strengths and weaknesses of your case. By uncovering as much evidence as possible, you get a much better idea of how likely you are to be successful at trial. You can identify areas where your case is weak and may benefit from additional evidence or explanation.
Next, discovery can be used to facilitate settlement negotiations. Once each party has a better understanding of the available evidence, they are in a better position to negotiate.
The stronger your case, the more likely you are to refuse a settlement that does not benefit you. However, if you discover that your case is quite weak, you are more likely to accept a settlement and avoid a trial.
Contact Schultz & Myers Personal Injury Lawyers to Arrange a Free Consultation With a St. Louis Personal Injury Lawyer
If you have been hurt in an accident, you may be entitled to significant compensation for your injuries. Discovery will play a key role in how your case proceeds, and it could also have a significant effect on settlement negotiations. You need the help of a lawyer on your side who can use discovery to your advantage.
The team at Schultz & Myers Personal Injury Lawyers boasts over 100 years of combined experience in helping injury victims obtain the justice they deserve. Contact our experienced St. Louis personal injury lawyers today at (314) 444-4444 for a complimentary consultation.
