For example, Plaintiff may send Defendant a request for admission that states, “Admit that the front of the vehicle you were operating struck the front of the vehicle the Plaintiff was operating on the date of the car crash.” Both parties may send each other requests for admission.
The discovery process is the way you (and the other party) learn more about the case. It includes an opportunity to look at documents the other side has that relate to the case. You also have an opportunity to ask the other side questions about what happened.
Discovery is the process by which both sides exchange information, evidence, names of witnesses, and documents. For the plaintiff, this process helps in understanding what, if anything, could have been done to prevent the injury-producing event.
Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant. You use discovery to find out things like: What the other side plans to say about an issue in your case. What facts or witnesses support their side.
The discovery phase in personal injury cases can take months or even years. The parties to the case have a right to evidence that will help them prove their case. Discovery allows both sides to interview potential witnesses and review potential evidence that may be helpful or harmful to their case.
You use discovery to get information or evidence from the other side in a lawsuit that will help you make your case. In order to get the information you need, you must make a request using a specific procedure and written format, within a specific timeframe.
However, most personal injury cases settle before trial. Instead, they may offer the settlement well after the trial starts. This typically happens after discovery, but it may even happen after the jury reaches a verdict.
Discovery allows you to get information and evidence from the other party or other persons you can use in your lawsuit.