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What is Discovery in a Personal Injury Case

What is discovery in a personal injury case? This is a question that you may be asking if you are the innocent victim in a personal injury case.

You may have been injured in an accident that resulted from the recklessness, carelessness or negligence of another party. You have legal grounds for bringing a personal injury case if this is true.

This is what a personal injury case is. It is a legal action that is brought against the party that caused the accident in which you were injured.

Not a good idea

One important thing needs to be pointed out. It is almost never a good idea to try and pursue a personal injury case, yourself. In most instances you will need the help and counsel of a personal injury attorney.

You may wonder what the procedure is in a personal injury case. A personal injury case involves several steps or stages.

One of the first steps in a personal injury case is what is known as discovery. Discovery is a formal investigation that is done for the purpose of obtaining more information about your personal injury case.

A process

To put it simply, discovery is a process in which attorneys for both sides find out or “discover” the facts, witnesses and testimony that has to do with your personal injury case. During the process of discovery, attorneys for both sides share information about your personal injury case.

There are several ways in which the process of discovery is carried out. These include:

Request for production - This is a document that is sent from an attorney on one side to an attorney on the other side that requests documents, records, photographs, reports, bills or other types of evidence be produced regarding the case, and that they should be made available to the attorney on the other side.

Independent Medical Examination (IME) - This is a medical examination that is performed on you, the plaintiff, who is bringing the personal injury case. The medical professional who did the examination will testify to its results. This expert testimony will explain your injury, how it occurred and, in the medical professional’s expert opinion, how your injury was causally related to the accident the other party was responsible for.

Interrogatories - These are written questions that are sent by an attorney on one side to the party on the other side. They are answered under oath and are to be answered as accurately as possible within a certain amount of time.

Requests for admission - Parties on one side are allowed to require the other side to admit to certain facts under oath. It is then not necessary to introduce further evidence in court to prove these facts that have already been admitted.

Depositions - A deposition is an oral statement that you give under oath before you go to court. In most cases, you give a deposition in the office of an attorney or the office of a court reporter.

Again, if you are the innocent victim in a personal injury case, you should have your case evaluated at no cost or obligation to you by a personal injury attorney.

Article written by James Shugart

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