In the discovery phase, you have the chance to find out what are the strengths and weaknesses of your case and what evidence the other side has. Additionally, during this period, you can use the so-called means of discovery, such as requests for production of documents, requests for admissions, and depositions. Based on what happens during the discovery phase, you can decide whether to settle the case or go to trial.
You’ve formally filed a lawsuit against the party at fault and the court became involved. You provided a written complaint describing:
After the defendants filed their answer with the court in response to your complaint, that's when you move into the discovery phase. When you’ve been injured in a car crash, financial restitution may be the only way for you to fully recover from your injuries.
In the early stages of your car accident claim, you and your attorney investigated the crash and collected documents that support your allegations against the negligent driver or entity responsible for the crash. In an attempt to resolve your case without a lawsuit, your attorney negotiated with insurance adjusters. However, the insurance companies didn't offer a fair settlement and your claim is progressing to a lawsuit.
But before your case is heard in court, you and the defendant both have the chance to discover or learn what evidence the other side has. Discovery is precisely the important and lengthy formal process, where you and the other parties to the lawsuit share with each other:
During discovery, you gather the evidence you'll need to submit at trial to prove your case or defend against the other side’s claims:
The discovery stage is important because it allows you to:
Since the 1940s, the federal court system has mandated disclosure of all relevant facts and documents between parties before trial. This disclosure is accomplished in the discovery phase through:
That's why during the discovery phase you're going to want additional information. You're going to want to gather evidence that is admissible in court so that you can prove your case.
During the discovery phase, the opposing counsel will do everything in their power to challenge your story and win the case. Using discovery tools, they also have the chance to see what documents and evidence you have that may help or hurt the case and to talk to you and to witnesses.
You should never take the discovery process lightly, especially if:
That's why working with an attorney that has extensive experience in car accidents and is available all the time to answer your questions can make a huge difference in the outcome of your case.
With the right legal team, you can focus on your health and improve your chances of recovering the full compensation that you deserve. In a free, confidential car accident consultation our experienced car accident attorney will share with you exactly if and how you can secure the recovery you need to move forward.
Ready for a confidential, free evaluation of your car accident case? Contact our Miami law office today.