How Does Discovery Help My Case?
The discovery period is the time during a civil or criminal case when both parties may review the evidence gathered based on witnesses and investigations. Discovery is significant to any case because it prevents “trial by ambush.” This means that both sides have a chance to examine the evidence and witnesses and prepare their arguments before they go to court.
If you are the victim of negligence or wrongdoing, you will use the discovery period to share information with the other parties. The discovery period is essential because it shows you what evidence the other side will use and allows you to create arguments to plead your case. Depending on what the opposing party requests during the discovery period, it can also give you insight into their argument.
Contact our knowledgeable personal injury attorneys for counsel on making the best use of discovery so you have the greatest chance of recovering the full damages you are owed. Call The Shariff Law Firm, PLLC today at 713-244-8395.
What Should I Do During the Discovery Phase of My Case?
If a lawsuit goes beyond the initial stages, it will enter the discovery period. The plaintiff and the defendant will ask the opposing party or other parties to provide any information that is relevant to the case and not public knowledge or widely known.
During this period, it’s pertinent to both provide any information the other party asks for as well as request information from the opposing party or other parties involved. Failing to comply with a discovery request can lead to penalties. However, if you believe the opposing party is unreasonable in their request, you can make an objection to the court.
How you act during the investigation and discovery period can significantly impact your case. You should consult a trusted legal representative who can advise you on what questions to ask and how to get the information you seek. In your search for justice, the discovery period is one of the most critical times when you’ll gain access to evidence proving you’re not at fault for your injuries. Call our lawyers today to see how we can help.
What Are Some Examples of Discovery Documents?
During the discovery period, your legal team will likely collect documents from the other party for review before the trial. Similarly, the other party or parties may ask you to produce discovery documents.
Some documents that are collected and available for review during the discovery period are:
Depositions are one of the most common methods of discovery but also the most expensive. A deposition is a statement given under oath by anyone involved in the lawsuit. It may also involve a cross-examination by the opposing party. This statement is recorded and then transcribed by a neutral court reporter to be used as evidence. These forms of discovery are invaluable to backing up or defending yourself from a lawsuit.
Interrogatories are written questions asked from one party to another. These questions must be answered before the trial in a timely manner and must be answered in writing.
Requests for Admissions
Requests for admissions involve one party sending another party a list of statements. The receiving party can then admit to the allegations or deny them. These requests are often used to settle uncontested issues to simplify the trial at hand.
Requests for Production of Documents
If there are any documents that are relevant to the lawsuit, your legal team can submit a request to the opposing party or another party involved. The document or set of documents must be relevant to the lawsuit.
What are Other Methods of Discovery?
Besides discovery documents, there are a few other ways to collect information during the discovery period. Depending on the nature of the lawsuit, these may be helpful for you and your case.
These methods include:
A subpoena is a request from the court ordering a party to produce certain books, documents, or records. If you believe the other party has specific evidence that pertains to the lawsuit, you can ask your legal counsel to subpoena it from them.
Any documents submitted to the court must be authentic. If you call into question the authenticity of a document provided by the opposing party, you can request document authentication to ensure the document is real and legitimate. This gives you the chance to examine the document before the trial.
Should You Hire Our Personal Injury Attorneys?
Being injured in an accident is bad enough. What’s worse is when the accident was the fault of someone else who could have prevented your injuries if they had been more careful. When you are the victim of severe injuries, you deserve compensation for your pain and suffering. You also deserve to collect financial compensation for the expenses incurred because of the accident.
When you are taking a matter to trial, the discovery period is critical because you uncover evidence showing the accident was not your fault. Hiring the right lawyer is crucial because they will need the experience and knowledge necessary to make the most of the discovery period of your trial.
Our professional litigators understand Texas law and know how to get the results you’re looking for. We will explain every step so you can actively participate in the discovery portion of your lawsuit. Contact us immediately to discuss your case details and see if we can help you get the compensation you deserve. Call The Shariff Law Firm, PLLC, at 713-244-8392 for a free consultation today.