Injury lawsuits have several important steps that cannot be overlooked. However, the discovery phase of a case is often the most critical to winning a claim.
You might have heard the term “discovery” but might not know quite what to expect when your lawsuit enters this stage. As the name suggests, this is the phase where our attorneys can help you collect the bulk of the evidence we will use to prove the elements of your case. Discovery is a mandatory process whereby each side turns over the relevant evidence in their possession to the other side’s lawyers. This includes providing documentation and answering questions under oath. Our lawyers understand that most cases are won during discovery and can guide you on what will be required of you and how we will use it to prove liability.
For a free case evaluation with our Dallas personal injury attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.
What is the “Discovery” Phase in a Texas Personal Injury Lawsuit?
After you file an injury lawsuit in Texas, you might wonder what happens next and what will be required of you. The next step is the “discovery” phase. As you might tell from the name, the goal of this process is to determine what actually happened during an accident. Contrary to what many people believe, cases are not about surprising the other side or keeping the evidence mysterious. Instead, Texas wants cases decided with every party knowing the same facts. This way, everyone in the case is operating on the same evidence.
In general, both the plaintiff and defendant are entitled to any type of evidence relevant to the lawsuit. This includes documentary evidence like medical records and reports, as well as witness statements and testimony from the parties. Fortunately, our Houston personal injury attorneys will handle virtually every aspect of discovery with minimal inconvenience to you. Much of the process will be a back-and-forth between us and the defendant’s attorneys. Your help will be necessary at some point, but it will be scheduled way in advance.
However, the discovery phase is much more than trading a few documents and emails. Lawyers are bound by the rules of discovery and cannot ignore them without risking serious sanctions and the case being dismissed. If a lawyer does demand potentially relevant evidence and the other attorney refuses, they will need to file a motion justifying the denial. Thus, discovery can end up being the most contentious part of your lawsuit.
Having our lawyers help during discovery is critical. Most personal injury cases are decided not in a trial but during discovery. As more evidence comes to light and we actually speak to the defendant, liability becomes clearer. If the discovery process goes well, a case will typically settle soon after.
What Evidence is Discoverable in the Discovery Phase of My Texas Injury Lawsuit?
Unfortunately, there is no set list of what information is discoverable and what is not. The general rule of discovery is that nearly anything related to your lawsuit can be discoverable. The issue then becomes determining what is relevant. This is where our attorneys can help. With our experience, we will have a good idea of what evidence is necessary to decide your lawsuit. We will also be able to review your evidence to determine if it is protected from the defendant’s discovery requests.
Some information is totally protected from discovery requests. For instance, conversations, including phone calls and emails, between you and our attorneys are not discoverable. This information is protected by the attorney-client privilege. Other privileges exist, like doctor-patient confidentiality. If the information that is being requested is considered privileged, it is not subject to discovery.
When we get a discovery request, we will determine whether the information being sought is relevant to either your claims or defenses. For instance, as you will be claiming damages for your injuries, your medical records would be relevant to proving your damages and, therefore, discoverable. However, if you are not claiming damages for emotional distress, we would deny a request for your mental health records since they are not relevant to the damages we are pursuing. Our team will keep out irrelevant evidence meant to harm your lawsuit.
What Happens During the Discovery Phase of a Personal Injury Lawsuit in Texas?
While the discovery process can seem a bit mysterious, it can ultimately be broken down into a few different phases to help you understand what to expect as your claim proceeds. However, our attorneys will be with you to guide you through each of the following stages of discovery in your lawsuit:
Initial Disclosures
Before discovery formally begins, both sides will make initial disclosures. The difference here is that these disclosures are made without a request from the opposing party. In all injury lawsuits, we are required to provide the names of the parties and their contact information, as well as a description of the accident and the legal theories we are relying on. We will also need to disclose the damages we have calculated and any witnesses we have identified and plan on using.
Request for the Production of Documents
Once the initial disclosures are complete, we will move into the first true part of discovery. At this point, we will request that the opposing side produce any documents relevant to the case.
Your relevant documents will also be discoverable. This typically includes your medical records, repair estimates, employment records showing missed time at work, and photos of the accident scene. If our team gets a request for documents that are not typical to your type of injury case, we will determine if it is relevant and fight it if not.
Interrogatories
After reviewing the documents we gathered, we can develop a set of questions to ask the defendant, known as “interrogatories.” We will also be sent interrogatories from the defendant for you to answer. They will ask questions regarding details of the accident, the parties’ insurance information, and whether expert witnesses will be used.
The questions are answered under oath, meaning that they can be used in court as evidence later. So, you will need to answer honestly. However, it is okay if you do not know the answer to a question. Our team will help you complete your interrogatories so you avoid mistakes that can be construed as lying.
Depositions
Lastly, both sides will be questioned under oath during depositions. The questions are much like those in the interrogatories. However, the goal here is to get enough information to settle the case. If a defendant admits to the key fact that shows liability, the case is likely to settle quickly.
Our Texas Personal Injury Attorneys Can Help You Today
Call The Queenan Law Firm, P.C. at (817) 476-1797 for a free case review with our Fort Worth personal injury lawyers.