What to Expect During the Discovery Phase of a Personal Injury Lawsuit

 

The discovery phase is a critical part of any personal injury lawsuit, as it allows both parties to gather and exchange information that will be used to build their cases. If you’re involved in a personal injury claim in Michigan, knowing what to expect during this phase can help you feel more prepared and confident.

 

What is the Discovery Phase?

Discovery is the pre-trial stage in a lawsuit where both sides collect evidence and information from each other. The goal is to prevent surprises during the trial by ensuring that both parties have access to the facts of the case. In Michigan, this phase typically involves several key processes: interrogatories, depositions, requests for production of documents, and requests for admissions.

Interrogatories

Interrogatories are written questions that one party sends to the other, seeking information relevant to the case. These questions must be answered in writing and under oath. For example, in a personal injury case, you might be asked to describe the extent of your injuries, your medical history, or the circumstances surrounding the accident. Your attorney will help you respond accurately and thoroughly.

Depositions

Depositions are formal, out-of-court interviews where witnesses and parties involved in the lawsuit provide testimony under oath. These sessions are recorded, and the transcript can be used as evidence in court. During a deposition, both sides have the opportunity to ask questions, and the answers given can significantly impact the direction of the case. Having an experienced attorney present during your deposition is crucial to ensure you understand the questions and provide appropriate responses.

Requests for Production of Documents

This aspect of discovery involves one party asking the other to provide specific documents related to the case. In a personal injury lawsuit, this might include medical records, accident reports, insurance policies, or repair bills. Producing these documents allows both sides to build a more complete picture of the incident and the resulting damages.

Requests for Admissions

Requests for admissions are statements that one party asks the other to admit or deny. These statements typically relate to key facts in the case. For example, the defendant might ask you to admit that you were at a specific location at a certain time. Admitting certain facts can streamline the trial by narrowing down the issues that need to be proven.

How Long Does the Discovery Phase Last?

The duration of the discovery phase can vary depending on the complexity of the case and the willingness of both parties to cooperate. In Michigan, this phase can last several months, during which both sides will work to gather and analyze evidence. Your attorney will keep you informed of deadlines and ensure that all necessary information is exchanged in a timely manner.

Speak to Experienced Personal Injury Attorneys in Michigan

The discovery phase is a vital part of any personal injury lawsuit, as it lays the groundwork for the trial. Understanding what to expect during this process can help you navigate your case more effectively. If you’re involved in a personal injury lawsuit in Michigan, the experienced attorneys at Smith & Johnson are here to guide you through every step of the process. Contact Tim Smith (tsmith@smith-johnson.com), call 231-946-0700, or complete our Contact Form for a consultation to discuss your case and explore your legal options.