There are several legal processes involved when you seek to hold a negligent driver accountable for the injuries they’ve caused to you. There are so many legal nuances in play that you might feel yourself quickly overwhelmed and confused about the road ahead. But there’s no need to stress out about the legal steps that have to be taken in your case. Your attorney can handle the challenges associated with them so that you don’t have to worry about navigating them on your own. That said, it’s still beneficial to be familiar with some of these processes so that you can stay informed and make meaningful, informed decisions about your case.
One aspect of your claim that can be critically important is the discovery process. Here, you set out to find out what information the other side holds so that you can better formulate your legal strategy. Let’s take a closer look at the components of the discovery process so that you have a sense of what you might be dealing with as your case moves forward.
Common tools used in the discovery process
There are several legal vehicles that can be used during the discovery process, each of which can prove beneficial to your case. This includes the following:
- Depositions: This the taking of sworn testimony prior to trial. You have wide latitude in the questions you can ask these witnesses, giving you great insight into what the witnesses saw and heard as well as what opinions they possess. A deposition can also lock down a witness’s statements so that you can use them to point out inconsistencies in their accounts if their testimony changes at trial. This can impact their credibility and reliability, thus affecting how much weight the jury gives their testimony.
- Interrogatories: These are written questions posed to the defendant. It’s a good starting point in your information gathering, and it can set up questioning for a potential deposition. Although you’ll be limited in the number of interrogatories that you can send out, they can still cover a lot of ground.
- Requests for production: In most instances, you can force a party to your case and non-parties to provide you with documents that are relevant to your claim. This helps ensure that you have the information needed to build your case and anticipate the defense’s arguments, and it minimizes the chances that you’ll be taken by surprise at trial.
- Requests for admissions: You can also send a written document to the defendant asking them to admit to certain facts. If the defendant denies the facts, then they should specify why they deny them. If they don’t respond in a timely fashion, then the facts are deemed admitted. And, if you can prove a fact that the defendant denied, then you may be able to seek attorney fees.
Know how to use the legal process to your advantage
We know there’s a lot of legal maneuvering that goes on in a personal injury case, but it’s necessary to protect your interests. Therefore, you shouldn’t skimp on using processes like discovery to your advantage. Just be ready for the opposing party to do the same so that you aren’t taken by surprise and make an error that proves costly to your claim. If you want to learn more about discovery and the other legal issues that you may face in your case, then please continue to read our blog and our website, and be sure to seek out any needed guidance from your attorney.
