What Is Discovery?
Discovery is an important part of the process for a personal injury case. It provides the information and documents necessary for both sides to fully assess the claim. Discovery essentially refers to the part of the legal process where both sides share information and documents relevant to the claim with the opposing side. The discovery phase includes two parts: The exchange of documents and an examination for discovery. Discovery of the parties must be satisfied before the claim can be set down for trial.
When Does Discovery Happen?
The discovery phase starts after the pleadings have closed. At this point, both sides must exchange a list, called an affidavit of documents, of every document they have in their possession or control that is relevant to the claim. This list discloses to the other side: Documents they have in their possession; documents they have but are claiming privilege over; documents that they used to have in their possession; and documents that are in the possession of a third party. For a personal injury case, this list usually includes accident reports, medical records, and medical treatment charts. Each side can then request the documents they want to see from the list, with the exclusion of any documents over which privilege is claimed. As each side becomes aware of additional documents that are relevant to the claim, they must add them to the list. After the initial documents are exchanged, either side can request an examination for discovery. Only once the examination for discovery and the exchange of documents are complete can the matter be set down for trial.
What Is An Examination For Discovery?
An examination for discovery is a meeting between both parties and their lawyers. The meeting happens at a mutually agreeable location, often a hotel conference room. At the meeting, each lawyer has the opportunity to ask the other party, under oath, questions about the claim. For a personal injury case, the injured party is usually asked about the incident/accident, and about the injuries and losses that flowed from the incident/accident. A Court Reporter also attends the examination for discovery and records all the questions asked and answers given. A transcript of the examination for discovery can be requested later. This transcript can be used at trial.
Use Of Discovery Documents & Information During A Personal Injury Case
The documents and information exchanged during discovery and examination for discovery, will be used by both sides to assess the personal injury case. It is therefore important to work with your personal injury lawyer from the beginning to ensure that the best evidence is being provided to support your claim. Your personal injury lawyer will also extensively prepare you for the examination for discovery, to ensure that the evidence to support your claim is recorded clearly and succinctly.
How To Prepare For The Discovery Process
If you think you may bring a personal injury claim, it can be beneficial to start thinking about the discovery process right away. Be aware that any notes your doctors or therapists make might eventually be available to the other party’s lawyer. Keep all documents that could be relevant to the claim in one place, so it will be easy to provide copies to your lawyer. Consult your personal injury lawyer before making any notes or journal entries related to your claim. They can counsel you on what may or may not need to be provided later to the other party’s lawyer. Once you retain a lawyer, your lawyer will discuss with you the types of documents that may need to be provided as part of the discovery phase of the claim. Your lawyer will also prepare you for the examination for discovery. Your lawyer will let you know the types of questions you will be asked; review the documents that might be discussed during the examination; and give you advice to ensure the evidence to support your claim is captured appropriately.
If you think you may have a personal injury claim, it is important to consult with a lawyer right away. A personal injury lawyer can provide you with advice about the documents and information that should be preserved to support your claim. A lawyer will also provide you with advice on steps you can take from the start to ensure you have the best evidence to support your claim. The lawyers at Melanson Law are here to help. Give us a call at 1-866-453-1960 for a free consultation.
