When does fact discovery occur in a personal injury civil lawsuit?
When do lawyers typically start fact discovery, how many weeks/months before trial date?
- stephen tLv 51 decade agoFavorite Answer
Can be done anytime after the lawsuit is filed, I forget how many cases, but a large percentage of cases have no discovery. Most cases settle. The most commonly used discovery device is interrogatories, which are questions you ask the other side. Most lawyers have software to generate standard questions of the other side, so it easy, and is done with the complaint or a few weeks to a couple months after. Then later depending on the case, value of the case, etc, you may have depositions, which is where a lawyer asks questions of people that have information about the case in an office face to face, such as the other driver with their lawyer present. There are a few other discovery devices.
Even before the lawsuit is filed, the lawyer is trying to settle with the other party. All through this process, the lawyer is trying to settle, as more discovery is done it becomes more expensive for the other party. Some lawyers try to get the settlement done fast, with not a lot of work, so they may encourage you to settle for an amount that is less that you could get later on Many victims just want their money fast.
Some courts have discovery deadlines and some courts like small claims do not allow discovery. If the case goes to trial, discovery is usually finished months in advance. A typical injury case could take a year or two to go to trial.
- 6 years ago
There will be a scheduling order for your cases that orders discovery closing on a certain date. If there is not a scheduling order, it will be ruled by the rules of civil procedure in your state.
In my lawsuits, we immediately serve discovery on the other side so that we can immediately get prepared for trial. It will usually be requests for production of documents, interrogatories (written questions), requests for disclosure, and requests for admission. After paper discovery, depositions are typically taken. Depending on the size of the case and the number of witnesses, there can be dozens of depositions. In a personal injury case it is often the drivers of the cars and the police officer (if it was significant).Source(s): http://www.dunnamlaw.com/
- 1 decade ago
A major type of civil action personal injury case. Personal injury civil action filed by a person who suffered bodily injury caused by actions of another party or neglect. Such civil action may include a number of disputes involving issues such as car accidents, slip and fall injuries and principle, accidents, exposure to toxins, medical malpractice, the nursing home abuse, wrongful death, defective drugs and other products, dog bites, and much more. A civil action may also involve contract disputes, real estate matters and other non-criminal proceedings.
- Anonymous4 years ago
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