The Importance of Discovery in Personal Injury Claims

Tort law is a diverse area of practice that includes a broad range of injuries and often falls into the general category of negligence claims. There are thousands of personal injury claims filed within the United States on an annual basis. However, of the many cases that are filed in court, there are hundreds of other claims that are settled before a court filing occurs. Regardless of the type of claim, there are some common practices that occur in every personal injury claim. One such common practice includes discovery. The attorneys at Colombo Law are experienced personal injury attorneys who have effectively represented clients during every stage of a case. Colombo Law is your personal injury law firm for effective representation.

Overview of Discovery in a Personal Injury Claim

Discovery is a process in which parties to a lawsuit obtain evidence in a case. Generally, any evidence that relates to a case is discoverable evidence and can be requested by either party. However, there are some exceptions to the general rule. Discovery can be requested through an informal or formal process. This will depend on the particular stage of proceedings. If Court proceedings have not been filed, discovery is an informal request for information, often requested in the course of negotiating a settlement offer. Formal discovery is often requested after a case has been initiated. The formal discovery process is much more strict in terms of ensuring compliance with time restraints and the need for the discovery.

Types of Discovery

One important step in the trial process is discovery. There are three basic types of formal discovery: written interrogatories, production of documents, and depositions.

  • Written interrogatories: Written interrogatories are a series of questions printed on documentation and sent to the opposing party for answer. Written interrogatories are intended to address a variety of issues ranging from those that are broad in nature to very specific questions intended to obtain information on a particular date and time. Written interrogatories are typically prepared by the client, reviewed by counsel, and verified before returning to the requesting party.
  • Requests for Production of Documents: This is a principle in which opposing parties requests documentation through the discovery process. The documentation requested may or may not be favorable. These requests are also broad in nature as requests in a motor vehicle accident may be much more general in nature (such as photographs of an accident) when compared to documents requested in a medical malpractice claim.
  • Depositions: Depositions are statements provided outside of a courtroom setting in an effort for counsel to gather information regarding an event. This type of discovery is valuable in that it gives the parties an understanding of what will be said in court while binding the individual to their statements.

Contact Colombo Law Today

Colombo Law is a personal injury law firm serving clients throughout West Virginia including Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood, Grafton, Weston, Philippi, Buckhannon, Elkins, and Parkersburg. If you or your loved one has suffered a personal injury, contact Colombo Law to schedule an initial consultation today.

by Colombo Law
Last updated on - Originally published on