One of the most important parts of a personal injury lawsuit is one that happens long before anyone enters a courtroom. This is the process of discovery. What is discovery? And why is it often your best chance to come to a favorable settlement? Here's what every accident victim needs to know.
What Is Discovery?
Discovery is the legal process of requesting information, statements, and relevant evidence from other parties — in particular, from the opposing side of the lawsuit. United States law operates on the basis of creating a 'fair fight' of sorts, mandating that all parties to a suit have equal access to information that both helps and harms their case.
What May Be Asked in Discovery?
In general, discovery involves four primary elements. The first is known as interrogatories. These are a finite list of written questions you may ask the defendant. They answer under oath or make legal objections.
The second type of discovery is production or inspection. This is a formal request for access to evidence that is in the hands of the other party.
Third, your team will generally ask the other side to stipulate what is actually in dispute. These are requests for admission. Each side will either admit or deny written statements of fact. This allows you to understand where to focus your legal efforts.
Finally, you will likely request depositions or recorded witness statements under oath. These may be voluntary or mandated by subpoena.
Why Does Discovery Lead to Settlement?
When discovery is completed — or sometimes just when it's advanced — the strength of each side's case becomes clearer. If discovery digs up something damning for one side, such as camera footage of them speeding, their side is much more likely to want to settle in order to avoid more costs.
This is also the best time to fully understand what you should seek from a settlement. You can gauge the strengths and weaknesses of each case and come up with an appropriate dollar amount or terms.
These and other factors — like the looming court time — make the post-discovery period one of the most common points for a settlement during many lawsuits.
Where Can You Learn More?
What might discovery hold for your personal injury case? Will it lead to a stronger position and better bargaining for a settlement? Or will it expose weak points you need to prepare for? Find out by meeting with an attorney today.
