What Is the Discovery Phase of a Personal Injury Lawsuit?

Getting hurt because someone else was negligent, careless, or even malicious often results in extensive medical treatment and its accompanying bills.

To hold them financially accountable for what they did, you may need to file an insurance claim or even take them to court. These legal actions can be confusing, requiring guidance from a skilled professional. 

Below, a Lexington personal injury attorney explains what the discovery phase of a personal injury lawsuit is and how it impacts the success of your case.

Discovery Is a Critical Part of Your Lawsuit Process

If the insurance company doesn’t meet your demands for compensation, your attorney may advise you to file a lawsuit. This action is more formal than an insurance claim, with several vital steps.

You may still negotiate with the other party while going through a lawsuit, since the discovery phase may uncover more evidence supporting your claim.

During discovery in a tort case, each side shares the documentation and materials they have with one another. This means that you’ll see what they have and they see what you have, whether it’s positive or negative.

If the other side sees that you have robust evidence their policyholder was at fault for the injury, they may decide to make a better offer and settle the case.

On the other hand, if you contributed to your injury and there’s proof, the other party may push to assign more blame to you. This could reduce what you can receive, so it’s important to work with a lawyer who understands how to minimize these issues. 

Discovery Relies on Strict Deadlines and Responses

Once you file your lawsuit, the other party receives a copy and must respond by the deadline you provide. The response may include a counterclaim against you or it may only include their Answer to your claim, addressing your allegations and stating the defendant’s response.

Once these initial pleadings are filed within the appropriate city court, then each side can use discovery approaches permitted by the Kentucky Rules of Civil Procedure. 

Each side may use any or all of the following discovery methods:

• Deposition: Oral testimony obtained under oath using a court reporter
• Written interrogatories: A set of written questions that address aspects of the personal injury and case, answered under oath.
• Request to produce: Written requests for evidence, such as photos, documents, or physical objects, from the other party
• Request for admissions: Written questions the other party admits, denies, or doesn’t have enough knowledge to either admit or deny. 
• Permission to enter: Requests for access to property or land for the purpose of gathering evidence
• Physical and mental examinations: One party may order physical and mental exams when the other party’s condition may be relevant to the case.
• Subpoenas: Demands for information such as cell phone records or driving history

Each side has the right to object to a discovery request, submitting their grounds to a judge. The judge will hear both sides and issue a ruling on whether the request can proceed.

If one side doesn’t respond to a discovery request, the court can also order that party to respond. 

Lawsuits Are Often Riskier Than Insurance Claims Because of Discovery

With an insurance claim, you don’t have to share everything with the adjusters. In a lawsuit, specifically because of the discovery phase, almost anything the other side requests could be fair game and used against you to minimize their liability.

Generally, your attorney will recommend a lawsuit only when they are very certain that the outcome will be successful.

Making the decision to file a lawsuit and go through discovery can be challenging unless you have an experienced personal injury attorney at your side.

To avoid mistakes when filing a claim and learn more about your next steps, contact us to arrange a free consultation with Gary C. Johnson P.S.C. today.