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The Discovery Process in a Personal Injury Case 

The Torres Law Firm  July 9, 2024

Personal injury cases are conducted in several phases, one of the most important ones being the discovery process. If legal terms sound too technical, don't worry—we will simplify everything for you so you can understand what to expect when you file a personal injury claim. Let's get started. 

The discovery process is a pre-trial phase where both parties exchange information relevant to the case. This helps them gather evidence, understand the facts, and prepare for trial. It's like peeling back the layers of an onion to get to the core of the matter. 

Discovery is important because it levels the playing field. Both sides get access to the same information, so there are no surprises. This transparency helps build a stronger case for you, whether we're negotiating a settlement or preparing for trial. 

Initial Disclosures 

When you file a personal injury claim, the first step in the discovery process is initial disclosures. This is where both parties share basic information about the case. We provide details about the accident, your injuries, and any medical treatments you have received. The other side will do the same. This helps us understand the other party's perspective and decide on the best course of action. 

Interrogatories 

Interrogatories are written questions that each party sends to the other. These questions are designed to gather detailed information about the case. For example, we might ask the defendant to explain exactly what happened during the accident or to provide details about their insurance coverage. Interrogatories are a helpful way to get specific information that can strengthen your case. 

Requests for Production 

This stage involves requesting documents and other tangible evidence. We might ask for medical records, police reports, or photographs of the accident scene. The goal is to collect as much relevant information as possible to support your case. We will also be prepared to provide similar evidence if the other party requests it. 

Requests for Admission 

These are statements that one party asks the other to admit or deny. They can help narrow down the issues in a dispute. For example, we might ask the defendant to admit that they were speeding at the time of the accident. If they admit to this, it will strengthen our case. If they deny it, we must gather more evidence to prove their negligence. Requests for admission can also help streamline the trial process by eliminating certain facts that are not in dispute. 

Depositions 

Depositions are formal interviews conducted under oath. Both parties and their attorneys must be present. During a deposition, we can question witnesses, including the defendant, about the details of the case. This helps us gather testimony that might not be available through written documents. Depositions also give us a chance to see how the other party will present their case in court so we can prepare our own arguments and evidence. 

Expert Witnesses 

Expert witnesses play a vital role in many personal injury cases. These specialists provide expert opinions on various aspects of the case. For example, a medical expert might testify about the extent of your injuries, while an accident reconstruction expert might explain how the accident occurred. Most personal injury attorneys work with a network of trusted experts who can provide valuable insights and strengthen your case. 

Medical Records 

Medical records are the backbone of a personal injury case. They provide concrete evidence of your injuries and the treatments you have received. During discovery, we will gather all relevant medical records to support your claim and work with medical experts to interpret and explain the significance of these records in court.  We may also request the other party's medical records if they are relevant to the case. 

Statements From Accident Witnesses 

Witness statements, which are testimonies from people who saw the accident happen, can be incredibly valuable in a personal injury case. We will gather statements from witnesses to corroborate your version of events and strengthen your case. Witness statements can also be used to challenge the other party's version of events or provide missing details. These statements, usually obtained through written or oral interviews, can significantly impact the outcome of your case. 

Preparing for Trial 

The discovery process is all about preparation. By the end of this phase, both parties should have a clear understanding of the facts and evidence. This allows us to build a strong case and be fully prepared for trial, if necessary.

However, many personal injury cases are settled during the discovery process, as both parties can see the strength of the evidence and may choose to negotiate a settlement instead of going to trial. In either case, we will be with you every step of the way, advocating for your best interests and fighting for the compensation you deserve. 

Settlement Negotiations 

The discovery process often leads to settlement negotiations. Once both sides have seen the evidence, they may be more willing to negotiate a fair settlement. If a settlement cannot be reached, we will continue to prepare for trial and advocate for you in court. 

Texas Personal Injury Laws to Know

Personal injury claims are subject to certain laws and regulations. Let's look at some of them: 

  • Statute of limitations: In Texas, the statute of limitations for personal injury cases is generally two years from the date of the injury. This means you have two years to file a lawsuit. Missing this deadline could result in your case being dismissed, barring you from recovering any compensation. 

  • Comparative negligence: Texas follows a modified comparative negligence rule. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages. 

  • Damage caps: Texas imposes caps on non-economic damages (such as pain and suffering) in certain cases, particularly medical malpractice suits. For other personal injury cases, no caps exist, allowing plaintiffs to claim full compensation for their losses. 

  • Proportionate responsibility: Texas law allows for the division of fault among multiple parties. This means that if more than one party is responsible for the injury, each party will be assigned a percentage of fault, and their liability to pay damages will correspond to their percentage of fault. 

Speak With a Personal Injury Lawyer in Corpus Christi, Texas

At The Torres Law Firm, we guide and support you throughout the legal process. Our attorneys, Dee Ann Torres and Richard "RJ" Torres, use their extensive legal knowledge to fight for your justice. Ultimately, our goal is to exceed your expectations and leave you more satisfied and informed than you could have imagined. We provide top-notch legal representation in personal injury claims in Corpus Christi, Dallas, and Fort Worth. Reach out to The Torres Law Firm in Texas for your legal needs.