What Happens During Discovery in a Personal Injury Case?

 Posted on April 28, 2023 in Personal Injury

A personal injury lawsuit is a means of pursuing financial compensation for harm caused by another party’s negligence. The plaintiff, or the individual who was injured, brings the lawsuit against the party who was responsible for his or her injury, called the defendant. The defendant may be a negligent driver, an insurance company, a property owner, a business, or even a government entity.

A crucial aspect of a personal injury lawsuit is discovery. During the discovery process, the defendant and the plaintiff gather information about the facts of the case using various legal tools. The information gathered during discovery may help the parties negotiate a settlement and avoid taking the case to trial. If no settlement is reached and the case does go to trial, the information gathered during discovery will be used as evidence in court.

Information-Gathering Strategies Used in a Personal Injury Lawsuit

Discovery exists so that both sides of a lawsuit have all of the information and can build their cases effectively. Depositions are sometimes used in personal injury lawsuits to gather oral testimony from parties who are placed under oath. A deposition is a formal meeting that takes place in front of a court reporter who will record everything the parties and their attorneys say.

Interrogatories are written questions that a party in a lawsuit sends to the other party and asks them to answer. For example, in a personal injury lawsuit regarding a distracted driving accident, a driver may be asked whether he or she had a cell phone in the vehicle at the time of the accident.

Requests for admission are similar to interrogatories, but the person being asked the question only needs to admit or deny a fact. For example, a business owner involved in a slip and fall injury lawsuit may be asked to admit or deny knowing about the hazardous condition that led to a customer’s fall accident.

Requests for production are official requests for documents or information. In a personal injury case, a party may be asked to provide medical records, proof of lost income, photographs of damage to a vehicle caused in a car crash, or a number of other types of documentary evidence.

Contact our Springfield Personal Injury Attorneys for Help

If you or a loved one were injured because of another party's reckless, careless, or illegal behavior, you may be entitled to financial compensation through a personal injury claim. At Kanoski Bresney, our Bloomington personal injury lawyers are highly experienced in settlement negotiations, discovery tactics, and litigation. We can represent you during your personal injury case and help you pursue the maximum amount of compensation available. Call 888-826-8682 for a free initial consultation to learn more.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+VIII+Pt%2E+23&ActID=2017&ChapterID=56&SeqStart=65600000&SeqEnd=65800000