Discovery: An Important Tool in Personal Injury Cases

Personal injury cases are complex matters that require skilled representation and knowledge of the many intricacies that intersect in any given case. To properly prepare for a case, attorneys must anticipate legal arguments and the theory of a case the opposing party will assert. A lot of the information regarding an opposing party is obtained through discovery. The attorneys at Colombo Law are experienced attorneys who can assist you with a personal injury claim arising from an accident incident in the state of West Virginia. For an initial consultation, contact Colombo Law today.

What is Discovery?

Discovery is a process in which parties are able to request certain information from the opposing party. The answering party must respond to questions and produce requested documents within a specific time frame imposed by the court. This process can be a formal or informal exchange of information which is later used during a trial or to negotiate the terms of an agreement. If formal discovery is filed, there are procedural rules that must be followed regarding the type of information that may be requested, the information can be requested, and the time frame for responding. Sanctions may be imposed for a party’s failure to comply.

What Type of Information can be Obtained During Discovery?

In general, any relevant evidence can be subject to discovery. However, our attorneys are particularly interested in any evidence that tends to show fault or prove damages. In most personal injury cases, the following will be subject to discovery:

  • Medical records: In personal injury cases, a victim’s medical records are often examined very closely for anything that can prove or disprove a claim. Medical records provide detailed information regarding a victim’s medical history and any statements regarding the individual’s current condition as a result of the accident or incident.
  • Receipts/Expenses: Any document which may show an amount of damages will be subject to discovery. Usually this amount of damages shown in receipts will differ from the amount of damages requested as it will only include actual damages. Actual damages are damages that can be subject to a calculation such as lost wages, damages to a vehicle, and medical expenses.
  • Photographs: Any photographs taken shortly after the time of the accident may also be subject to discovery. Photographs are helpful in showing the seriousness of an accident. They are also useful in placing individuals at the scene of an accident and allows individuals to form an account of what happened.

About Colombo Law

Colombo Law firm is located in Morgantown, West Virginia. Our attorneys are highly experienced personal injury lawyers who successfully handle hundreds of personal injury claims each year, obtaining justice and monetary relief for our clients.

Colombo Law assists clients located in and around West Virginia including in Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood, Grafton, Weston, Philippi, Buckhannon, Elkins, Parkersburg, as well as Monongalia, Marian, Harrison, Preston, Taylor, and Lewis county. If you have been injured in an accident or incident but are unsure of whether you have a personal injury claim, contact Colombo Law today for a risk-free initial consultation to get you or your loved one the assistance that is deserved.


by Colombo Law
Last updated on - Originally published on