There are several steps required for a personal injury claim to reach mediation or come to a trial. One of the most important is the discovery phase.
Occurring after the initial court paperwork has been filed, this phase of a personal injury lawsuit allows both sides to gather evidence in support of their case and, equally important, requires that evidence be shared with the other side. The disclosure of information helps to prevent surprises that can unfairly advantage one party over the other. It has been a part of the American Legal System for more than 75 years.
What is Involved in the Discovery Phase?
Actions related to the discovery phase of a personal injury claim include:
- Written questions from the opposing party that will seek to establish your version of events
- Requests for documentation, such as medical records and insurance reports, that may be relevant to the case
- Sworn statements, recorded by the court, which may serve to corroborate or disprove testimony in future proceedings
Interrogatories may include a request for the admission, denial, or objection to the content of one party’s statement. Failure to respond to this request within 30 days may be seen as an admission of fault by the courts.
Should You Talk to an Attorney?
It is always a good idea to speak to a lawyer when you have been injured in an accident. While many claims can be settled through insurance, severe and catastrophic personal injuries often require legal action for proper compensation. Having a lawyer review your claim helps to give you a more comprehensive overview of your options and, should your case demand legal action, gives you the support you will need to seek the best outcome.
Herbert Thornbury has more than four decades of experience. He understands how to investigate claims and build cases that seek maximum compensation for people who have been seriously injured. If you need help, please give us a call at 423-265-1100 to schedule a free case review today. Located in Chattanooga, Attorney Thornbury serves all nearby areas of Tennessee and Georgia.