In personal injury cases, uncovering the right evidence can make or break your chances of recovering all the money and benefits you deserve. That’s why discovery is so important.
As a formal legal process, discovery is where both sides in a lawsuit exchange relevant information about the case. Think of it as a fact-finding mission before the trial begins.
It can include written requests for documents (like medical records or police reports), interrogatories (i.e., written questions the opposing party must answer under oath), and depositions (i.e., in-person interviews with witnesses, recorded by a court reporter).
This process ensures the fight is fair. No one should be blindsided in court by a surprise witness or a hidden document. Discovery gives everyone involved the facts they need to explain their side, and both parties have the opportunity to build the strongest case possible.
Now, while discovery may seem overwhelming at a glance, it’s actually a process with clear rules set forth in the Federal Rules of Civil Procedure (FRCP) that lay out what information can be gathered, how it can be obtained, and the timeline for doing so.
With this in mind, if you or a loved one is entering the discovery phase of a lawsuit, you’ll want qualified legal counsel at your side. To that end, you can speak with the skilled team of NYC trial attorneys at Schwartzapfel Lawyers today. We have over (150) years of combined experience, and you can trust us to fight for your rights every step of the way.
Connect with us online or call us now at 516-342-2200 for a free consultation and so much more. Alternatively, please continue reading.
What Is The Purpose Of Discovery?
Discovery does more than prevent courtroom surprises, although that is a large benefit. More importantly, it lets you and your skilled attorney pinpoint the strengths and weaknesses of your case. From there, your qualified lawyer can strategize about the best course of action, such as negotiating a fair settlement or taking your case to trial.
A skilled personal injury lawyer knows how to use discovery to your advantage, so you’ll want to make sure you hire a seasoned attorney with plenty of experience. If an attorney has rarely gone through discovery or is just starting out, you should probably look elsewhere.
The right lawyer is one who knows what to do during discovery, in court, and beyond. They can help gather the necessary evidence to prove your case in court and make sure your rights are protected every step of the way.
If you or a loved one has been injured due to the fault of another, please don’t hesitate to recover all the money and benefits you deserve. Instead, act now by calling the experienced New York personal injury attorneys of Schwartzapfel Lawyers at 516-342-2200 for your free consultation today.
How Does Discovery Work?
There are several layers to discovery, which create different pathways to demonstrate the truth behind your personal injury case. These methods fall into three (3) main types:
Written Discovery
You can think of written discovery as a formal conversation conducted on paper. Here, interrogatories serve as the written questions exchanged between parties. Submitted by your experienced attorney to the opposing party, they act as a crucial tool that requires sworn responses.
As such, interrogatories aren’t just casual questions. They’re carefully crafted to gather specific details about the incident, the other party’s version of events, and any potential defenses they might raise.
Another written discovery tool is the Request for Admissions (RFA). Here, your skilled attorney asks the other side to admit or deny certain facts under oath. For example, getting the other party to agree that their traffic light was red at the time of your car accident can be a powerful piece of evidence in your case.
Document Production
This phase is all about the evidence trail. Your skilled lawyer should send Requests for Production of Documents (RFPs), demanding that the opposing party hand over any relevant paperwork. This could include documents like accident reports and emails or employment records and insurance policies.
In a personal injury case, medical records are especially important. They keep track of your injuries and any treatment you’ve received. Plus, they show the extent of your injury, which plays a large part in the compensation you are awarded.
Oral Discovery
Depositions take center stage in oral discovery. These are in-person interviews under oath, where your seasoned attorney can question the opposing party, witnesses, or subject matter experts. Consider oral discovery a preview of the courtroom, where the questions and answers are recorded by a court reporter for later reference.
Depositions allow your qualified attorney to assess how a witness might perform on the stand, potentially uncovering inconsistencies or weaknesses in the other side’s case.
Additional Discovery Tools
Sometimes, the standard tools aren’t enough. That’s where demands for inspection come in. For instance, if your injury happened at a construction site, your seasoned lawyer might request to inspect the site to gather evidence. Similarly, if your injuries are ongoing, they might ask for an independent medical examination.
Finally, there’s the subpoena. This is a court order that compels a non-party — someone not directly involved in the lawsuit — to provide information or testimony. Subpoenas are typically needed for employment documents, phone records, social media posts, and other similar pieces of evidence.
It’s a smart idea to brush up on the various types of discovery, but there’s more to winning a claim than knowing the discovery rules. You need a qualified lawyer who can put it all together. That way, you can be confident that nothing is overlooked.
If you’re ready to take the next step, please don’t hesitate to reach out to Schwartzapfel Lawyers today. Our team of seasoned attorneys has a proven track record of success in personal injury cases and beyond. So, please, schedule a free consultation online today, and let us put our knowledge and experience to work for you.
When Does Discovery Happen?
Discovery isn’t a one-time event. It’s more like building a puzzle, where each piece reveals a bit more of the big picture.
Initial Disclosure
Within a month of filing your personal injury lawsuit, both sides complete “initial disclosures.”
You’ll share a list of people who might have relevant information about what happened, along with what that information might be. You’ll also turn in critical evidence like medical records and bills to support your side of the story.
Your skilled lawyer can make sure you abide by all the deadlines and follow any specific rules or guidelines. A qualified lawyer knows what pieces of evidence are most important and how to use them to show your side of the story in the best light. They’ll also be carefully studying what the other side shares, looking for any gaps or inconsistencies.
Building The Full Picture
Initial disclosures are just the first step. The discovery process involves a continuous exchange of requests and information between both sides, allowing each party to gather the evidence needed to build their case. This process can involve requesting additional documents or sending follow-up questions. Your skilled lawyer might even sit down with witnesses for in-person interviews.
Moreover, the right lawyer will continue to hunt for relevant evidence to make your case stronger, all while fielding requests from the other side so as to make sure that you aren’t blindsided by any unfair demands.
In essence, discovery helps your attorney better understand the facts of the case and pinpoint disagreements. From there, they can effectively prepare for trial or a settlement.
That said, if the discovery process seems confusing or overwhelming, you shouldn’t worry. The skilled team at Schwartzapfel Lawyers can guide you through it step by step. Call us today at 516-342-2200 or schedule your free consultation with us online now. We will fight for your rights and work tirelessly to get you all the money and benefits you deserve.
What Information Is Eligible For Discovery?
While discovery aims to gather relevant information, it’s not a free-for-all. Some topics are off-limits, and Schwartzapfel Lawyers is dedicated to protecting your privacy every step of the way. To illustrate what information is likely eligible for discovery and what is not, consider the following:
Personal Matters
Unless it’s relevant to your case, you don’t need to worry about your private information becoming public knowledge. Your medical history is certainly relevant if you’re claiming an injury, but details about your unrelated health conditions usually aren’t.
The same goes for your personal relationships, religious beliefs, or sexual orientation. Unless these have a direct bearing on the subject matter of your case, they’re off the table.
Confidential Conversations
Conversations you have with certain people are considered privileged and confidential. This includes talks with your spouse, doctor, therapist, or your skilled attorneys at Schwartzapfel Lawyers. This way, you don’t have to worry about your words being used against you.
What about those old text messages or social media posts? They can be discoverable if they contain relevant information about your case. However, your qualified attorneys can carefully review discovery requests and fight to exclude anything irrelevant or that could unfairly harm your case.
The Court’s Role
The court also plays a role in protecting your privacy. They can issue protective orders to limit what information can be shared or even seal certain parts of the case from public view. We understand the importance of keeping sensitive information private and will always fight for you.
Discovery can be challenging, but it doesn’t have to be an invasion of your privacy. With Schwartzapfel Lawyers by your side, you can have peace of mind knowing that your personal information is in safe hands. Reach out to us today by dialing 516-342-2200 now.
How Can Hiring A Skilled Lawyer Help During Recovery?
The discovery process is about uncovering the truth, but it’s also crucial opportunities for strategy and preparation that help ensure a fair fight. That’s why having a skilled legal team on your side is absolutely crucial.
At Schwartzapfel Lawyers, our seasoned attorneys come equipped with more than (150) years of combined experience successfully handling discovery processes. Our law firm is skilled at crafting targeted discovery requests, meticulously analyzing documents (including those tricky electronically stored information), and skillfully questioning potential witnesses during pretrial depositions.
We Use Any Available Resources
If needed, we’ll work with expert witnesses, whether an accident reconstruction worker or a medical professional, who can clearly explain the extent of your injuries. We know the discovery procedures and rules like the back of our hand, whether dealing with state law or a federal district court.
We understand the need to meet deadlines and respond to discovery requests effectively. You can trust us to protect your rights every step of the way. We’ll fight to keep your privileged attorney-client communications confidential and push back against any unfair tactics from the other side.
Building A Strong Case
Discovery isn’t just about uncovering information; you need to build a strong case, and the right legal team makes that possible. We use all the available discovery methods to get to the truth.
We expose weaknesses in the opposing party’s claims to strengthen your chances of success. In this way, we’re always fighting to get you all the money and benefits you’re entitled to.
And so, if you’re ready to take the next step, don’t wait until it’s too late. Instead, protect your financial future starting today by calling Schwartzapfel Lawyers at 516-342-2200 for a free consultation and so much more. Remember, the sooner you call, the sooner we can start building your winning case.
Contact Schwartzapfel Lawyers Now!
Your future is too important to leave to chance. Don’t let the legal system stand in your way when you’re already dealing with the aftermath of an injury.
The financial compensation you deserve could be the key to covering medical bills, lost wages, and other accident-related expenses that have piled up due to no fault of your own.
At Schwartzapfel Lawyers, we understand the emotional, physical, and financial toll a personal injury can take. You can count on us to work as hard as possible to fight — and win! — for you. We won’t rest until we’ve looked into every avenue for getting you the full compensation and benefits you’re entitled to.
So, please, don’t wait another day to take control of your future. Call Schwartzapfel Lawyers now at 516-342-2200 for a free consultation and protect your financial future starting today!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Federal Rules of Civil Procedure | United States Courts
1-07 Requests for admissions; production; depositions. | NYC.gov
