Discovery is an important element of personal injury litigation process. Through discovery, the parties are able to gather important information for winning the case. There are usually four discovery types.

Requests for Production of Things and Documents

This consists of number of tangible items that a plaintiff might want to see. Such a list could include driver’s license and insurance policies in an accident case, or copy of establishment’s policies about dealing with dangerous conditions or spills in a slip and fall case. The list could also include request for pictures of the accident scene or pictures of the place where the accident occurred. The defendant is not obliged to create these items or documents. However, they must be produced if they are in defendant’s control, custody, or possession.

This is information you want to but you do not want to depend on the other side. They may have been honest people before but they know they are in some serious trouble and they may justify lying to you to keep their culpability at a minimum. They may get rid of some incriminating footage or paper work and say they could not find it or something else happened to that information.

This is why you want to have built your own case. You cannot depend on them. Most likely because it is against the law to destroy evidence in a case such as this they may not go down this road. If they are honest and show sincerity, you and the judge and so on will take this into account.

You may still be furious but your attorney will explain to you that this person is showing integrity and the mediator will see this. They will still face some damages that they have to pay but saying things such as “I could not find the sign in sheet” knowing that is a critical piece of evidence is only going to cause your attorney to work that much harder to prove them negligent and even personally endorsing a small cover up.  

If you cannot prove the cover up, you will have little sympathy for them in this case at all.

Interrogatories

Interrogatories process is a list of written questions asked by the defendant, which the plaintiff has to answer under oath. These questions usually relate to how the injury happened, or it could also be about matters concerning insurance or any other circumstances that could be connected with the accident.

Requests for Admission

This is a list of numbered facts that a party might present to the opposing party, who has to deny or admit to the statements. For instance, in an accident case, the plaintiff might ask the defendant to admit about running a traffic light. No facts admitted by requests of admission, require further proof during the trial.

Depositions

A deposition notice can be served to any person who comes under the jurisdiction of the court. This can include any person living, owning property, or working in the area where the court is located. One of the parties can request the court for a blank subpoena, and serve it to any person, which directs the person to appear at certain place and time, for answering questions that are related to the case.