Personal Injury Suits And Understanding A Few Pretrial Moves

Posted on: 27 October 2020


If you have been hurt by another driver's actions and have now filed a lawsuit against them, get ready to undergo the lawsuit process. Once the other side has been served, a series of actions are put in motion — all designed to get everything ready to go to court. A major part of trial preparation is the process of discovery. Discovery procedures exist in almost every part of the law and civil or personal injury law is no exception. Read on to find out more about discovery procedures in greater detail.

What is Discovery All About?

Once a trial begins, there should be few, if any, surprises. The goal of discovery is to make the facts of the case available to both sides — your side (the plaintiff), and the other side (the defendant). This sharing of evidence, statements, and other court case information is vital for each side as they plan how to present their cases. It's not only unethical to leave things out of discovery, it can create problems with the integrity of the entire trial. If something comes to light that was not in the discovery materials, an explanation is owed. Discovery is not a single process but made up of several parts:

  • Interrogatories
  • Admissions
  • Production
  • Depositions

Depending on the complexity of your case, this phase of work can take anywhere from a few weeks to a few months.

What Are Interrogatories and How Are They Dealt With?

This particular part of discovery consists of a series or list of questions asked of the other side. They might be considered a form of testimony where the questions are written rather than spoken. As with all things to do with your case, your personal injury lawyer will take care of all discovery matters. That doesn't mean, however, that you won't have a part to play in the process. With your lawyer's help, you will answer questions that pertain to various facets of the case, and they can vary depending on why your case had to go to trial. Some common issues explored in an interrogatory are:

  1. Who is at-fault for the accident?
  2. Why was the driver at-fault?
  3. How do you know the other driver was at-fault?

And so on. Other queries may deal with medical treatments, lost wages, pain and suffering, vehicle damage assessments, and more. The answers provided are done so under oath and will become part of the official trial record. To get more information about the discovery process and what an auto accident attorney can do, contact a local legal service.