Discovery

Discovery in Personal Injury Cases

Personal injury attorneys are methodical in their approach to the discovery process. Rest assured that you can be a victim twice if a strong tactical procedure is not followed. You can already be the victim and then all of a sudden while you are in the middle of the case, the opposition produces information to the court that you did not know existed. Perhaps your current lawyer does not know how to deal with this or downplays its importance. There is not a lot of time here, the clock is ticking, you may need new or additional counsel on your side if you have become a victim of the discovery rule, hence a two time victim in the same case. This is where some solid personal injury attorneys can step into the picture and possibly save you and your case. 

Written Form of Discovery

The discovery process may be accomplished through written interrogatories and a request for admission. An interrogatory refers to a set of questions seeking to know your version of the facts and circumstances surrounding the case, and your version of the claims. An interrogatory may be a standard one in the form a pre-printed questionnaire or it may be a special interrogatory containing specific questions pertaining to the particular case. Questions in an interrogatory may range from subjective and open-ended questioning such as what happened on a particular day to very specific, objective and close-ended questions such as whether the defendant was wearing a hat at a particular time on a particular date. 

If you find that the questions in the interrogatory are confusing or unfair, you have a right to object to such questions. Requests for admission may used in exceptional situations, but they can be potentially powerful tool. Such requests essentially ask a person to accept or deny specific facts related to the case. These questions may result in penalties if the person answers them falsely, refuses to answer them, or delays in submitting the answers. Victims may consult with personal injury attorneys to address the questions in an interrogatory appropriately. 

Discovery through Documents

Discovery process may take the form of production of documents relating to the case. Any party involved in a lawsuit gets the right to take a look at almost any documents that are related to the case. Sometimes the other party may argue that the documents are unrelated, but usually they will be required to produce the documents even if they are only arguably related to the case. In more complicated personal injury cases that involve product liability or medical malpractice, documents can play a critical role to establish fault. Many times in such cases the amount of documents can be quite voluminous. 

With a growing dependence on computerized documentation and correspondence, the courts are increasingly in favor of providing access to computer data and files as a regular part of the discovery process. If certain documents are critical to the case, but have been erased from the computer, the court may even permit the reconstruction of deleted files in special cases. Victims may seek legal advice from personal injury attorneysin such a situation where crucial documents can help to prove fault. 

Sworn Statement or Deposition

The discovery in a case of personal injury may also be in the form of depositions. A deposition is a sworn statement where a person is required to reply to questions asked by an attorney, and the entire transcript is recorded by a court reporter. Depending on the nature of the case and the line of questioning, a deposition may last from a few minutes to several days or even weeks. Attorneys prepare their own strategies about depositions, depending on the facts and circumstances of the case. 

However, the typical aim of attorneys to seek discovery through depositions is to bind the other party into their own version and claims. Sometimes the attorney may want to get an insight into what the other party has to say. Attorneys may also use depositions to evaluate how a witness may come across and conduct themselves before a jury or a judge. It may be a good idea to consult with personal injury attorneys before deposing in a case. 

Alitowski & Moore is located at 332 W. Broadway, Suite 613, Louisville, KY 40202. Telephone: 502-582-9100