What Discovery Actions Can Do For Your Personal Injury Case
Almost all personal injury matters settle outside of court. You may already know about the benefits of settlements. They are quicker than taking a case to court and easier for hurt victims to cope with. However, some cases don't settle, and you and your personal injury lawyer must take the case to court. Read on to find out how even when a trial is in your future, it's not too late to settle and what trial preparation actions can do for your chances.
What Happens in Discovery?
Discovery takes place between the filing of the lawsuit and the beginning of the trial. This period can take several months depending on the court calendar and the volume of discovery material in the cases. Discovery means the sharing of information and evidence about the case. It allows the plaintiff and defendant to prepare for the trial by helping the lawyers make plans to combat the issues in contention.
How Discovery Exposes Facts About the Case
In some cases, not a lot of evidence has been shared between the sides up to the time of discovery. However, discovery actions offer benefits for those who wish to settle outside of court. Discovery is known for:
- Bringing previously unknown evidence out in the open. For example, witnesses who saw the accident will be deposed and statements by medical personnel will be entered into the record.
- Allowing both sides to observe the behavior of those who might later testify in court. The deposition may be seen as a practice trial. For example, if you, the victim, display integrity and are well-spoken, the other side has reason to worry that you will convince the jury of your damages and they will lose the case.
- Showing the other side that you have convincing evidence and are prepared to put experts on the stand. For instance, your personal injury lawyer might be ready to put a medical expert on the stand to testify about the cost of a future medical procedure that you need.
- Causing the defendants to reevaluate the settlement. For example, a common discovery practice involves the production of physical evidence. That means they will see photographs, video, and statements about the accident and the victim's injuries in a way that they did not during settlement negotiations.
Discovery actions allow the entire case to be laid out for both sides to see. When the other side doesn't like what they see, a settlement offer may happen during discovery. To learn more, speak to a local car accident lawyer.