Discovery is crucial to most personal injury cases for a number of reasons. The discovery process allows both sides to uncover evidence and dig into the details of the case.
In many cases, discovery can help you put a more accurate value on your claim, and this often opens the door to settlement negotiations. Keep reading below to learn everything you need to know about the discovery process.
What Happens During Discovery, and When Does It Take Place?
As one of the formal phases of litigation, discovery is the process of obtaining information and evidence about the case. At a high level, it allows the parties to conduct an investigation of sorts into the case.
Discovery takes place after a lawsuit is filed but prior to trial. Most of the time, discovery happens before any real settlement negotiations take place. During discovery, each side can uncover information and evidence that may be used at trial. This puts everyone in a better position to negotiate a settlement prior to going to trial.
Common Types of Discovery Used in Florida Personal Injury Claims
There are many types of legal discovery that may be used in Florida personal injury claims. In most cases, some combination of these methods is used.
Interrogatories
Interrogatories are one of the most common discovery methods; they are a set of written questions sent from one party to the other. These questions are used to uncover facts about your accident and injuries, such as:
- Names of medical providers you visited
- Details about the accident itself
- Information about witnesses who saw the crash
Interrogatories are often one of the first types of discovery used in a case, and the answers to those questions can lay the groundwork for additional discovery.
Depositions
If you file a personal injury lawsuit, the chances are high that you will be called into a deposition at some point during the case. Depositions are used to obtain testimony from witnesses or parties under oath outside the courtroom. During the deposition, lawyers will ask questions, and the entire process is usually recorded. After the deposition, your lawyer will use that information to look for inconsistencies or weaknesses in the other side’s case.
Requests for Admission
Requests for admission are used to streamline the facts in dispute. These are typically a list of facts that the opposing party must either admit or deny. This can help both sides determine which specific facts may be in question at trial.
Requests for Production
Requests for production are used to ask the other side to produce tangible evidence. Some examples include:
- Medical records
- Photographs
- Emails or text messages
- Contracts or other documents
For instance, the defendant in a personal injury claim may ask you to produce copies of your medical records. This would allow them to confirm the extent of your injuries.
What Rules Govern Discovery in Florida?
Discovery is subject to specific rules, and the parties must follow these rules during the process. The Florida Rules of Civil Procedure govern discovery in personal injury claims within the state. For instance, Florida’s rules limit interrogatories to no more than 30 questions. Failure to follow the rules could cause the court to impose penalties.
The Importance of Discovery in Florida Personal Injury Lawsuits
Discovery is an extremely important part of the process in a personal injury lawsuit. First, discovery is often used to uncover who is liable for the accident. For instance, interrogatories or a deposition may uncover that the driver who hit you in a car accident was speeding and texting when the accident occurred.
Next, discovery can be crucial to assessing the full extent of damages. Remember that victims in personal injury claims can recover both economic and non-economic damages. Evidence uncovered during discovery can help prove the extent of your injuries, how much pain and suffering you endured, and your expected future medical outlook.
Finally, discovery frequently helps facilitate a successful settlement of the claim. The more information you have about the case, the better position you are in to negotiate a fair settlement. The facts uncovered during discovery can prevent the need for your case to go to trial in front of a jury.
Get Help From an Experienced Stuart Personal Injury Lawyer at Kibbey Wagner Injury & Car Accident Lawyers
If you have been hurt in an accident, evidence is crucial to proving and winning your case. Discovery is the formal process that can be used to uncover evidence and learn as much as possible about the claim. However, discovery can be a stressful and complex process, and you likely need an experienced personal injury lawyer who knows how to use discovery to your advantage.
If you have been hurt in an accident, call the team at Kibbey Wagner Injury & Car Accident Lawyers today. Let our Stuart personal injury attorneys help you uncover all the evidence needed for your claim and pursue compensation. Schedule your free consultation today by calling us at (772) 444-7000.