DISCOVERY PROCESS IN A PERSONAL INJURY CASE

Discovery is an important element of the personal injury litigation process. Through discovery, the parties are able to gather important information for winning the case. There are usually four discovery types.

Requests for Production of Things and Documents

This consists of number of tangible items that a plaintiff might want to see. Such a list could include driver’s license and insurance policies in an accident case, or copy of establishment’s policies about dealing with dangerous conditions or spills in a slip and fall case. The list could also include request for pictures of the accident scene or pictures of the place where the accident occurred. The defendant is not obliged to create these items or documents. However, they must be produced if they are in defendant’s control, custody, or possession.

Interrogatories

Interrogatories are a list of written questions asked by the defendant, which the plaintiff has to answer under oath. These questions usually relate to how the injury happened, or it could also be about matters concerning insurance or any other circumstances that could be connected with the accident.

Requests for Admission

This is a list of numbered facts that a party might present to the opposing party, who has to deny or admit to the statements. For instance, in an accident case, the plaintiff might ask the defendant to admit about running a traffic light. No facts admitted by requests of admission, require further proof during the trial.

Depositions

A deposition notice can be served to any person who comes under the jurisdiction of the court. This can include any person living, owning property, or working in the area where the court is located. One of the parties can request the court for a blank subpoena, and serve it to any person, which directs the person to appear at certain place and time, for answering questions that are related to the case.