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Process

What is the discovery process in a personal injury lawsuit?

Discovery is the formal pre-trial process in which both sides gather evidence and information from each other and from third parties. It typically begins after a lawsuit is filed and can last 6 to 18 months depending on the complexity of the case. The main discovery tools are: interrogatories (written questions that the other party must answer under oath); requests for production of documents (demanding medical records, insurance policies, employment records, vehicle maintenance logs, surveillance footage, and other relevant documents); requests for admissions (asking the other party to admit or deny specific facts); and depositions (oral testimony under oath taken before trial in an attorney's office, with a court reporter). Through discovery, your attorney obtains evidence to prove liability and damages, while the defense attorney attempts to find information to minimize liability or reduce your claimed damages. Discovery outcomes often determine settlement value — strong discovery results that establish clear liability and significant documented damages typically produce better settlement offers.

For informational purposes only. Not legal advice. Consult a licensed attorney.

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