What is the Discovery Phase of a Personal Injury Case?

After a complaint is delivered to the defendant in a personal injury case, the discovery phase begins. Discovery is the process used by clients and their injury lawyers to come to a thorough understanding of all the facts of the case. The injured person knows the facts of the accident/injury from their perspective and the person or organization being accused of negligence knows the facts of the case from their perspective; the discovery phase is a process that allows all parties to “discover” or learn what information the other parties know. When all the parties are aware of the facts of the case then both parties are better able to prepare for a potential trial.

Four types of discovery that may be used in a personal injury case

1. Interrogatories

Interrogatories are a means to receive answers to questions by sending a list of questions for another party to answer; interrogatories are very common in personal injury cases. When a personal injury attorney wants to know if the defendant was aware of the trip and fall hazard on their property, for example, serving an interrogatory is a straightforward way to get an answer to the question. Each state has its own laws around interrogatories. For example, there may be a time limit for parties responding to interrogatories to provide answers or there may be a limit on the number of questions allowed. It is always required that parties answering questions answer truthfully to the best of their knowledge and “supplement” their answers if they learn something new or realize that they left something out of an original answer.

2. Request for Production of Documents

A request for Production of Documents (RPD) is simply a request for documents relevant to the personal injury case. Documents such as medical bills, medical records, and pictures of the site of the accident and/or injury are important because they could serve as evidence at trial.

3. Request for Admission of Facts

The plaintiff must prove certain facts at trial to prove the claim. That being said, it is a waste of time and money to prove undisputed or uncontested facts. In order to prevent this waste, a plaintiff can choose to serve a Request for Admission, asking the other party to admit certain facts. After the fact is admitted, the admission can be introduced as fact at trial without the expense of calling witnesses or convincing the jury of an uncontested fact.

4. Depositions

Depositions, which are done in the presence of a court reporter who then creates a written transcript of the testimony for both parties, are a chance for parties to question the opposing party or other witnesses who have knowledge of facts of the case. Depositions are sworn testimony, which means that the person answering questions is under oath and must provide truthful answers. There is no limit to the number of questions that a personal injury lawyer can ask during the deposition. Deposition testimony is used for many purposes including the development of a trial strategy and to negotiate a settlement.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other types of negligence. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.