Discovery Process and Personal Injury Pt. 2

Posted on Thursday, June 25th, 2020 at 6:04 pm    

When a person is involved in a personal injury case the process of discovery gives a way to get information. There are a number of ways that can be used by parties involved in the case. This article will discuss discovery options available in a personal injury case.

The process of discovery is used to gather information in preparation for trial. During the discovery process one-party in a legal dispute can learn about the other side’s case. There are a number of ways that parties can use to get important information about the case.

Discovery Process Options

Some possible discovery options used to gather information include the following:

  • Interrogatories – these are a series of questions posed to the other parties and must be answered under oath and in writing. These questions must be posed in a precise manner so as to get an appropriate response. In most cases interrogatories contain questions about the party’s case. For example, asking what witnesses will be used in the case or what evidence will be presented and arguments raised. The general rule that applies in interrogatories is that any question can be asked unless it is privileged. However, the questions must result in relevant information.
  • Requests for production – these ask the other side to provide specified information and evidence. Such as:
  • medical records depicting the injuries,
  • employment loss statements,
  • evidence related to previous crimes and
  • other such evidence available in document, audio or visual forms.

Such information requested must generally be in the possession or control of the other party. The requesting party is usually allowed to inspect the documents and copy them at their own expense.

  • Subpoena duces tecum – this is the same as a request for production but sent to non-parties such as doctors, banks, witnesses.

Speak to a Vinson Law Office personal injury attorney to know more of the discovery process.




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