A personal injury lawsuit is not supposed to be a guessing game. Before a case reaches trial, both sides can obtain information about the evidence and witnesses involved through a process known as discovery.
Georgia law allows several forms of discovery, including depositions, written interrogatories, requests for production, physical or mental examinations, and requests for admission. Parties may seek nonprivileged information relevant to a claim or defense and proportional to the needs of the case.
What Is Discovery in a Personal Injury Case?
Discovery usually takes place after a lawsuit has been filed and allows both sides to investigate the claims and defenses involved.
Imagine that another driver crashes into your vehicle. You believe the driver was looking at a cell phone before the crash, but the driver denies being distracted. Your attorney might seek information about the driver’s phone use, question the driver under oath, obtain photographs, identify witnesses, and request other documents connected to the accident.
The defendant can also seek information from you, including medical records and information about previous accidents or injuries involving the same parts of your body.
By exchanging this information, both sides can evaluate the evidence and prepare their cases before trial.
What Is the Purpose of Discovery?
Discovery serves several important purposes. Most importantly, it helps uncover facts. Georgia courts have described discovery as a process intended to reveal facts and narrow the disputed issues. This process allows the court and attorneys to handle cases more efficiently.
Georgia law allows parties to obtain relevant, nonprivileged information that is relevant to a claim or defense and proportional to the needs of the case. This can include information about documents and people who may have knowledge concerning discoverable matters.
Discovery can help your attorney answer questions, such as:
- Who caused the accident?
- What evidence supports the defendant’s version of events?
- Are there additional witnesses?
- Did the defendant know about a dangerous condition?
- Are photographs or recordings available?
- What insurance coverage applies?
- What defenses will the other side raise?
- Does the defendant dispute your injuries?
The answers can strengthen your case or reveal weaknesses that should be addressed before trial. Discovery can also influence settlement negotiations. Once both sides see the available evidence, they may have a much clearer understanding of the strengths and weaknesses of the case.
What Are Written Discovery Requests?
Some discovery occurs through written questions and requests exchanged between the parties. Georgia law recognizes several different forms.
Interrogatories
Interrogatories are written questions that another party must answer according to applicable rules. In a car accident case, your attorney might ask the defendant to identify witnesses, explain how the accident occurred, describe certain conduct before the crash, or identify other relevant information.
The defendant can send interrogatories to you as well. You might be asked about:
- Your injuries
- Medical treatment
- Employment
- Lost income
- Prior accidents
- Previous injuries
- Witnesses
Your attorney can help prepare accurate responses and determine whether objections are appropriate.
Requests for Production
Requests for production seek documents, electronically stored information, photographs, records, or other tangible materials.
For example, your attorney might seek:
- Photographs
- Surveillance recordings
- Maintenance records
- Inspection reports
- Company policies
- Employment records
- Relevant electronic communications
- Accident reports
- Insurance information
Georgia’s discovery rules permit requests for production of documents and things as one method of obtaining evidence.
Requests for Admission
Requests for admission ask another party to admit or deny particular facts.
Suppose there is no dispute that the defendant owned the vehicle involved in the collision. A request for admission might be used to establish that fact, so the parties do not have to waste time proving it later.
These requests can help narrow the issues that actually remain contested in a case.
What Is a Deposition?
A deposition is one of the most important discovery tools in many personal injury cases. Unlike interrogatories, a deposition involves answering questions orally under oath.
Attorneys ask questions, and a court reporter creates a transcript of the testimony. Because the witness is under oath, the answers can have significant consequences later in the case.
If you are the plaintiff, the defendant’s attorney will probably want to ask you about the accident and your injuries. Questions might involve:
- What happened before the accident
- What you remember about the accident
- Your medical treatment
- Your current symptoms
- Previous injuries
- Your employment history
- Activities you can no longer perform
- How the injuries affect your daily life
Your attorney will prepare you beforehand and generally attend the deposition with you.
What Types of Evidence Might You Seek During Discovery?
The evidence needed depends heavily on the type of personal injury case. After a car accident, your attorney might seek electronic vehicle information or cell phone records. After a slip and fall, maintenance and inspection records could become important.
Potential evidence can include:
- Photographs and videos
- Surveillance footage
- Accident reports
- Witness statements
- Medical records
- Medical bills
- Employment records
- Inspection records
- Maintenance documents
- Electronic communications
- Cell phone information
- Vehicle data
- Company policies and procedures
- Expert witness opinions
The goal is not to collect documents simply for the sake of collecting them. Your attorney is looking for evidence that helps establish liability, causation, and damages.
Contact Mark Casto Personal Injury Law Firm To Schedule a Free Consultation With Our Columbus Personal Injury Attorney
Discovery is where many personal injury lawsuits begin to take shape. The process allows both sides to move beyond allegations and examine the evidence. If you were injured because of another person’s negligence in Georgia, you may have legal options.
Contact Mark Casto Personal Injury Law Firm at (706) 940-4030 to schedule a free consultation with our Columbus personal injury lawyer.
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Mark Casto Personal Injury Law Firm
233 12th St #808, Columbus, GA 31901
(706) 940-4030
