If you file a lawsuit after you sustain injuries in an accident, you may be curious about the personal injury discovery process. The discovery process is the period after your complaint is filed.
During this time, both parties can request information and evidence or “discovery” from each other. With this information, the parties are better equipped to evaluate the liability and losses involved in your case.
An experienced Oklahoma personal injury lawyer can assist with the legal discovery process so you can proceed to settlement negotiations or trial from a position of strength.
What Happens During a Personal Injury Pre-Trial?
The court typically sets the pre-trial hearing for personal injury cases shortly after your attorney files your lawsuit. The hearing is usually set for a date after the defendant’s answer is due so the judge can review your allegations concerning how the accident occurred and the defendant’s response to your claims.
The court and the parties will establish the personal injury case timeline at the hearing. Specifically, they will set the case’s discovery deadlines, meaning when you must serve discovery requests, such as interrogatories, requests for admissions, and requests for production, and the date by which all written discovery must be complete.
In addition, deadlines for when pre-trial motions in personal injury cases must be filed, such as a motion to amend the pleadings, will also be set. The court enters deadlines set in the pre-trial hearing in a case management order. The parties must comply with the order, which helps them stay on task and move toward mediation or trial. The pre-trial procedures in personal injury cases help ensure that your case is resolved as soon as possible.
What Is the Discovery Phase?
The discovery phase of a personal injury case may be crucial to the outcome of your case. During this time, the parties serve each other interrogatories (or written questions) and requests for production. Each party must provide answers to the interrogatories and produce documents in response to the requests for production.
Following this exchange of information, the attorneys may depose each party to the lawsuit. Specifically, the at-fault party’s attorney takes your deposition, in which you will provide your oral testimony about how the accident occurred and about the extent of your injuries and their effects on your life. Your attorney might depose the defendant.
The court’s case management order will include a deadline for completing all discovery. This ensures the parties serve and respond to written discovery requests in a timely manner and take necessary depositions promptly. Further, the discovery deadline allows your case to move forward to settlement or trial.
Contact Cain Law for a Free Consultation
Were you injured in an accident that was not your fault? If so, the skilled and knowledgeable personal injury attorneys at Cain Law want to help you pursue the compensation you deserve for your injuries and financial losses. We understand that the Oklahoma legal system may be intimidating, especially when you are recovering from your injuries.
Rest assured, you do not have to take on the legal system alone. Call us today to get started with your case by speaking with an attorney in a free consultation.
