Stage 2 in a Personal Injury Suit: Discovery and Investigation

By dtaw on March 08, 2016

Looking at a data table with a magnifying glassIf you're looking for skilled attorneys who will not back down, look no further than the team at the Tawwater Law Firm, PLLC. Serving the greater Oklahoma City area, our experienced accident and injury attorneys will fight diligently for you every step of the way.

We want to continue looking at the different phases of the legal process right now. The next step is all about building a strong legal case.

The Paperwork Is Done—What Next?

Once the legal paperwork is filed, the next step of the case moving forward is a pre-trial phase known as discovery. During this time, the attorneys for the plaintiff and the defendant will begin to gather evidence in order to support their respective cases. This discovery phase may even turn up new evidence to strengthen an attorneys claim.

Explaining the Discovery Process

In essence, discovery is a broad term applied to this fact-finding and fact-gathering phase of a case. Much of this discovery phase occurs outside of the courtroom, though a judge may help address any disputes between lawyers and the parties involved during as discovery occurs.

What Is Obtained as Part of Discovery?

The discovery phase allows attorneys to obtain any and all information that may be pertinent to their respective cases so long as this information is not legally protected. This includes the following:

  • Documents related to the incident
  • Testimony from witnesses
  • Background information of these witnesses
  • The identities of other potential witnesses
  • Comments about the incident that occurred at relevant times or places
  • Information on business practices

What May Be Off Limits During Discovery

Some items or information that may be considered legally protected or off limits include:

  • Confidential/privileged conversations that are verbal or written (e.g., discussions between spouses at home, conversations between attorneys and their clients conversations, conversations between doctors and their patients)
  • Private or personal matters (e.g., information regarding personal health, sexuality, religion, etc.)
  • Information on third parties not involved with the lawsuit (e.g., co-workers, family members)

Depositions

Depositions are face-to-face meetings between attorneys and individual witnesses in a case. Witnesses are questioned under oath (i.e., swearing to tell the truth) and recorded. These interviews can be used during the actual trial. By recording the testimony, attorneys can help ensure that stories remain consistent. Any inconsistencies can be noted by the opposing attorney to the jury.

Requesting the Production of Evidence

This involves formal requests for evidence that is relevant to the case. This may include bills, contracts, records, and receipts. Attorneys can also make formal requests to examine physical evidence in a case.

Interrogatories

Interrogatories refers to the written communications that are sent back and forth between the plaintiff's side and the defendant's side. These may be admissible in court.

Requests for Admission

Requests for admission allow for evidence from one party of a lawsuit to be authenticated by the other side. This helps establish some of the matters that may be discussed in the trial.

Speak with Our Team of Injury Attorneys

To learn more about your legal rights and options and how we can help you, be sure to contact our team of personal injury attorneys today. The legal team at Tawwater Law Firm, PLLC will work closely with you every step of the way and provide expert counsel and advice.

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