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What Happens in the Discovery Phase of an Injury Claim?

Most individuals often wonder what happens in the discovery stage of an injury claim. Injury claims are filed when someone gets hurt while working at their job. Injuries can happen anywhere, including construction sites, farms, factories, warehouses, restaurants, retail stores, schools, hospitals, hotels, nursing homes, and many others. If you get injured at work, you may have a right to file a workers' compensation claim.

One of these important steps is the discovery phase where information is shared by both sides so they can build a case. The discovery phase is part of the pre-trial preparation process in a personal injury claim case. All parties during this phase are involved in sharing and collecting information in regard to the case. This process is there in order to prevent delays when the trial period begins and so that each side has the necessary information needed so the case can proceed.

The first step in filing a workers' compensation claim is to determine if you qualify for coverage under the law. To do this, you need to know what type of employer you worked for and whether they were covered by workers' comp insurance. It is important to talk to a lawyer so they can give information on your eligibility.

personal injury claim form with glasses, Discovery Phase of an Injury Claim

The Four Stages of Discovery

The discovery process has four actions that are needed in order for it the process to be thorough and complete:

Deposition

The deposition discovery stage is where the plaintiff’s attorney deposes the defendant’s representative. In depositions, both parties present their case and answer questions posed by opposing counsel. The purpose of the deposition is to gather information about the facts of the case, including witness statements, medical records, police reports, and any other evidence that may help prove or disprove the claims being made.

Related Content: Types of Damages in Injury Claims

Interrogatories

An interrogatory is a request for information. In a lawsuit, interrogatories are requests for documents, depositions, and answers to questions posed by the opposing party's attorney. Interrogatories are often used at the beginning of litigation to determine if the case should go forward. If the plaintiff does not respond to the defendant's interrogatories, then the court may dismiss the case.

In order to win a personal injury lawsuit, you must prove that someone else was responsible for causing your injuries. To do this, you must show that they were negligent. Negligence means that they failed to act reasonably under the circumstances. There are many ways that negligence can occur, including failing to use reasonable care while driving, failing to warn others of a dangerous condition, or failing to maintain their vehicle properly.

The judge will make a decision that will determine whether the case will move forward. He or she will decide if you have enough evidence to prove that the defendant was negligent. If you don't provide sufficient evidence, then the case will be dismissed.

Requests for Documents

During the discovery phase, you will have to go through the process of requesting documents. A party seeking discovery must first file a motion with the court asking for permission to conduct discovery. If the court grants the motion, then the requesting party may serve the other party with written questions and requests for documents. After receiving these requests, the other party must respond to them within 30 days. Once both parties have responded to each other’s requests, they may begin exchanging information.

When an individual is filing a car crash claim most of the time they may ask for documents such as proof of the lost income if they have been missing from work, their health care or medical bills, medical records, pictures of the injuries attained, vehicle repair bills, photographs showing damages of the vehicle.

Even in the case whereby you have minor injuries after the accident has occurred as it is important for you to visit a healthcare professional as it is essential to the claims process. Some of the injuries that you receive after an accident can take a while to cause symptoms and getting compensated without you having proof of medical examinations is nearly impossible. Due to the lack of proof the insurance company is likely to claim that your injuries could have been less serious if you had received treatment as soon as the accident happened.

law book with paperwork and a gavel, Discovery Phase of an Injury Claim

Requests for Admission

As the party that has been affected by the accident, the burden of proof is on your side. The plaintiff needs to be able to prove certain facts about the claim. When a request for admission of facts is made one party gives another the opportunity to admit to certain facts regarding the case.

If a fact has been admitted during this process it can later be used as fact during the trial without there being a need to spend money or time calling in witnesses and having to convince the jury of an issue that no one is challenging.

FAQ: Should I hire a Decatur personal injury lawyer for my claim?

How the Discovery Process Affects Your Claim

Insurance companies will use the discovery process to try to disprove claims. They will look for evidence that shows the driver was negligent or even reckless. They will also look for evidence that proves the claimant was partly responsible for the accident. This is where things can get complicated.

If the insurance carrier believes that the claimant was partly responsible, they may argue that the claimant should not be able to collect damages. This is known as contributory negligence.

Contributory negligence is a defense that the insurance company uses to reduce the amount of compensation that the claimant receives. If the claimant is found to be partly responsible, then he or she will only receive half of the total compensation.

This is why it’s important for the claimant to hire a lawyer to help them navigate the discovery process. A good attorney will know how to defend against these defenses and will work hard to ensure that the claimant gets his or her full compensation. You can trust a personal injury lawyer from Marks Law Group to help you through the process when you through the process.

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