If you have been a victim of a car accident and you do have a case, you’re going to come across the term “discovery phase.” It is one of the most integral stages of the process involved with a lawsuit, and it may be confusing at first. Knowing more about it will help you be better prepared and boost your confidence as your case goes through.
It’s advisable to get in touch with a car accident attorney if you are looking to file a case. They will guide you through the whole legal process, including the discovery phase. Their aid will help you better navigate such an important part of your case for better chances of success.
What is the Discovery Phase?
This is the phase where information about the accident is exchanged between both parties, and claims are gathered by both parties. During this period, each party will try to find out as much as possible about the other party’s evidence and legal arguments. The pre-trial occurs several months before, depending on how complex the case may be.
Types of Discovery Phase
Some of the ways that information is gathered during the discovery phase include:
Interrogatories: These are written questions that one party forwards to the other. The responding party must answer under oath. They may include questions about the details of the accident, injuries, medical treatment, and what impact the accident had on your life.
Production of Document Requests: One party requests that the other party provide them with certain documents. This could be related to your medical reports, photos of the accident, police reports, or repair estimates on your car.
Depositions: These are question-and-answer sessions by attorneys with witnesses: you, another driver, or experts of any type that might be brought into the case. Your answers will be under oath and recorded by a court reporter.
Medical Examinations: Sometimes the opposing side will request that you undergo a medical examination by one of their doctors. This is arranged to provide proof that your injuries exist and how they have affected you.
What Happens During Discovery?
During this phase, your attorney will be involved in collecting all the proofs supporting your claim. The different kinds of proofs include:
- The lawyer can interview possible witnesses to your case and get statements from them.
- Collect and organize all your medical records
- Get reports from accident reconstruction experts
- Gather evidence about the other driver history or road condition at the time of the accident.
The other guy’s lawyer will be doing the same thing. They can ask for your medical history, our work records, or specific ways the accident has impacted your daily life.
How to Prepare for Discovery
Your attorney will help you work your way through discovery. To make this process easier in your case, here are some steps you can take in advance:
Be honest: Always tell the truth when answering questions or providing information. The consequences can be severe if you lie during discovery, and your case may be seriously damaged.
Be Thorough: Try to remember and provide all relevant facts concerning the accident and your injuries.
Keep organized: Keep all your documents proving your accident. For example, your medical bills, your repair estimates, or letters sent/received concerning the accident.
Follow your lawyer’s advice: They might ask you not to discuss certain aspects of your case or to avoid posting about the accident on social media
Conclusion
Discovery is a required part of any car accident case. Although it sometimes seems complex and frustrating, understanding what’s involved helps you feel more in control.
Your car accident attorney will walk you through each step, including discovery. They will work to protect your rights. With patience and proper preparation, you can get through the discovery phase and take one more important step toward the resolution of your case.
