Discovery Is the Most Important and Most Time-Consuming Part of A Lawsuit Claim. In Discovery, You Can Get The Information You Need To Win Your Case.
Many clients get overwhelmed by the amount of paperwork they must deal with when they file a claim. A client can easily spend hundreds of hours answering and asking questions, in the part of the pre-trial litigation period known as written discovery. During the discovery process, each party requests relevant information and documents from the other in order to "discover" pertinent facts in hopes of either raising or lowering their settlement offer. The purpose of discovery is to find out the other side's version of the facts, what witnesses know, and other evidence to discredit them.
There are three main types of written discovery in California personal injury cases:
- Form interrogatories, official court forms that ask basic questions that ask the facts of the case (i.e. name and address).
- Special interrogatories, custom-made questions made by the opposing party that may be general or specific.
- Requests for admissions, when you are asked to either "admit," "deny," or state whey you are unable to do either.
If you are unsure about the question you are being asked, you must still answer it truthfully and to the best of your ability. Your attorney will take care of the rest. The purpose of this is to gather information about your background, get your side of the facts, and see if you are telling the truth.
Elements of Written Discovery
Written discovery can consist of six different elements, which include:
- A deposition, in which a party will have to answer questions verbally, under oath in front of a court reporter.
- An interrogatory, in which a person will have to respond to written questions under oath.
- Requests for Admission, in which a person will have to admit to certain facts and basic issues can be agreed upon so they do not have to be proven in court.
- Request for Physical Examination, should a person need to verify they are in a health state sound enough to make a decision. This is otherwise know as an independent medical examination (It is not independent, the doctor is hired by the defense. But it is independent of your doctors).
- Request for Documents, in which a person will have to provide requested documents to the court.
- Request for Inspection, in which a person will have to agree for police to inspect tangible items under the other party's possession, such as houses, cars, appliances, etc.
- Subpoena, an order telling a witness to appear in court or at a deposition. If the witness fails to do so, then he may be held in contempt of court.
- Subpoena duces tecum, an order telling a witness to turn over certain documents to that party or bring them to a deposition. If the witness fails to do so, then he may be held in contempt of court.
How Much Information Can I Get Through Discovery?
The scope of information that a party can obtain through discovery is very broad and not limited to what can be used in trial.
Federal courts and most state courts, including California, allow a party to discover any information "reasonably calculated to lead to the discovery of admissible evidence." Because this is so wide-ranging, parties often disagree about what information must be exchanged and what may be kept confidential. These disputes are resolved through court rulings on discovery motions.
Hire a California Personal Injury Attorney
If you or someone you love has been injured because of someone else's negligence, contact the San Diego personal injury attorneys at the Jurewitz Law Group. Our dedicated lawyers will help you through this difficult and stressful process to get you the compensation you need. Call our San Diego law office at 888-233-5020.
Have you been injured in an accident in San Diego or anywhere in California and don't know what to do next? We are here to help and provide you with the important and relevant information you need to make an informed decision about:
- How to handle your personal injury claim
- Who is the right injury accident attorney to help you with your case, and
- Whether you even need to hire a lawyer to help you with your insurance claim
Call the Jurewitz Law Group at 888-233-5020 to order one of our free California personal injury books to get the information you need or to set up a free consultation with one of our experienced San Diego personal injury attorneys.
