How Will Your Attorney Find Support for Your Claims?
When you’ve been hurt because of someone else’s carelessness, you have the right to file a civil lawsuit to recover for all injury and loss you suffered. You may be able to settle your claim without going to court, but if there’s a trial, you’ll need evidence to convince the jury of your arguments. How does your attorney gather that evidence?
Discovery in a Personal Injury Case
As a part of the legal process in a personal injury lawsuit, the parties engage in what the law refers to as “discovery.” The official discovery phase of a lawsuit typically begins shortly after the initial complaint and answer have been filed. The judge will customarily schedule a meeting with all parties and their lawyers, determine whether settlement if a possibility, and set forth the rules and time parameters for discovery.
It’s important to understand that there’s nothing that prevents either party from conducting an investigation or hiring a private detective/investigator to look into the details of the accident. The court will typically not be involved in that type of evidence gathering. Instead, the three common discovery tools that the court uses (and oversees) are:
- Depositions—A deposition is the examination of a witness or party. Attorneys for both sides will be present for the questioning of the witness and there will customarily be a court reporter present to transcribe all testimony. The proceeding does not, however, take place in court—it’s often in the offices of one of the attorneys. Attorneys for any party to the litigation will have the opportunity to ask questions. Furthermore, while the rules of evidence apply to any questions or statements, any objections typically won’t be ruled on immediately, as there is no judge present. Parties must, however, register their objections and the court will typically rule on those objections before deposition testimony is admitted in court.
- Interrogatories—These are written questions submitted by one party to another. The court will customarily establish limits on the number of interrogatories, so that one side can’t overburden the other or cause unnecessary expense.
- Requests for production—Parties to the litigation may ask to see documents or physical evidence
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
