The Discovery Process in a Personal Injury Case
If you've been injured due to someone else's negligence, you may be considering filing a personal injury claim. However, if you’ve never filed a claim before, the process that follows the filing might seem anything but simple, especially if your case proceeds to trial.
You might have heard that there's a pre-trial proceeding called "discovery" in all personal injury cases, but what does it even mean? Discovery is the first step after filing a lawsuit and plays a pivotal role in the outcome of any civil law case.
As a personal injury attorney with over 30 years of experience, I have helped numerous clients go through the entire legal process, from filing a claim to winning litigation.
At the Law Office of Steven R. Smith, I represent injured victims and their families in New York and Long Island and the surrounding area, including Westbury, Mineola, Hempstead, and New Hyde Park.
What Is Discovery in a Personal Injury Case?
Discovery is the formal process of exchanging information between the parties involved in a lawsuit. It occurs after a complaint has been filed and before the trial begins. According to the American Bar Association (ABA), the purpose of discovery is to prevent “trial by ambush” and give both sides the opportunity to gather evidence and understand the other party's claims and defenses better. In other words, this process helps to ensure a fair trial by reducing surprises and allowing each party to prepare adequately.
Discovery is typically overseen by a judge, who can resolve any disputes that arise during the process. This oversight helps ensure that parties comply with discovery rules and that the process remains fair and efficient.
Key Components of the Discovery Process
The discovery process in personal injury cases consists of several components:
Interrogatories: Interrogatories are written questions that one party sends to the other. The recipient must answer these questions in writing and under oath, which means they are legally bound to provide truthful responses. Interrogatories can cover various topics, such as the details of the accident, the injuries sustained, and the medical treatment received.
Requests for production: Requests for production are formal requests for documents, records, or other tangible evidence relevant to the case. These requests can include medical records, accident reports, photos of the incident scene, and any correspondence related to the claim. The party receiving the request is obligated to provide the requested materials unless they can demonstrate a valid reason for not doing so.
Depositions: Depositions are in-person interviews conducted under oath, where one party's attorney questions a witness or the opposing party. During a deposition, the witness must provide truthful answers, and a court reporter records the entire session. Depositions can help attorneys gather information, clarify issues, and assess the credibility of witnesses.
Requests for admissions: These are statements that one party asks the other to either admit or deny. By admitting certain facts, the parties can streamline the issues that need to be addressed during the trial, potentially saving time and resources.
During the discovery process, a judge may become involved if disputes arise between the parties. For example, if one party believes the other is not complying with discovery requests, they can file a motion to compel. The judge will then review the situation and issue a ruling.
What Information Is Exchanged in the Discovery Process?
The information exchanged during the discovery process can vary depending on the specifics of the case, but generally includes:
Incident details: Both parties will exchange information about the accident itself, including when and where it occurred, the parties involved, and any eyewitness accounts.
Medical records: The injured party will typically provide their medical records, while the at-fault party may request access to any relevant records that could affect the case.
Insurance information: Both parties will need to disclose their insurance coverage related to the incident to determine potential sources of compensation and help facilitate negotiations between the parties.
Financial impact: The injured party will often provide documentation outlining the financial impact of their injuries, including medical expenses, lost wages, and any other costs incurred as a result of the accident.
Witness statements: If there are witnesses to the incident, both parties may seek to gather statements from these individuals. Witness accounts can provide valuable insights into the accident and help confirm the claims made by the injured party.
While the discovery process is designed to facilitate the exchange of relevant information, certain types of information may remain undisclosed or protected from discovery. This includes privileged communications between an attorney and their client, materials prepared by an attorney or their team in anticipation of litigation (the “work product” doctrine), and any irrelevant information.
Objections and Motions in the Discovery Process
Throughout the discovery process, parties may raise objections or file motions to protect their interests or challenge the scope and appropriateness of the discovery requests. Parties may raise objections to specific discovery requests for various reasons, including:
Relevance: One party may argue that a particular request is not relevant to the case or does not pertain to the claims or defenses being raised.
Overbroad or unduly burdensome: A party may object to a request if they believe it is too broad in scope or imposes an unreasonable burden on them to comply.
Privilege: If a party believes that a request seeks privileged information (such as attorney-client communications), they may object on the grounds of privilege and refuse to disclose the information.
If one party believes that the other is not complying with discovery obligations or that their objections are unjustified, they may file a motion with the court seeking relief. Common types of motions filed during the discovery phase include a motion to compel, a motion for protective order, and a motion to strike.
How Long Does the Discovery Phase Last?
The duration of the discovery phase can vary based on a number of factors, including the complexity of the case, the number of parties involved, the willingness of the parties to cooperate, whether any motions are filed, and the specific requirements of the court where the case is being heard. Typically, the discovery phase lasts several months, but there is no strict timeline. Delays in providing requested information or documents can prolong the overall timeline of the discovery phase.
Don’t Navigate the Discovery Process Alone
As a personal injury attorney at Law Office of Steven R. Smith, I understand how stressful pre-trial preparations can be. The unknown is always intimidating, but now isn’t the right time to feel intimidated. I help clients navigate the discovery process and other pre-trial proceedings to ensure they feel as comfortable and confident as possible before the trial begins. My goal is to make sure your voice is heard and your rights are upheld so that you receive the compensation to which you are entitled. Contact my office today to schedule a free consultation and start preparing for the discovery process.