An Overview of the Discovery Phase in a Personal Injury Case

An Overview of the Discovery Phase in a Personal Injury Case Read about the 4 steps involved in the discovery phase of a personal injury case.

These types of cases involve medical record retrieval and review.

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A personal injury case is filed when a person is injured in an accident for which another person/party is responsible, and seeks to obtain due compensation for the injured victim . To establish the injury and evaluate its impact on the injured person, processes such as medical record retrieval and analysis are essential . Attorneys handling such cases utilize the service of medical record review companies to make those processes easier and quicker. Personal injury cases involve different phases and one of the most important phases is the discovery phase. Discovery is the process that allows the parties in the case to find out what information their contenders know. Discovery ensures that there are no probable surprises at trial and enables both sides to prepare their trial strategy . This phase is important because it provides a better understanding of the circumstances surrounding the subject of a personal injury lawsuit. Information that is exchanged between the parties include evidence, witnesses, and facts about the case . The discovery is typically completed before settlement negotiations occur and before the trial begins.

The discovery phase involves the following steps or actions. 

Interrogatories: These are written questions one party sends to the opposing party. Typically, these are fact-gathering questions such as the name and contact details of the parties/witnesses; information regarding insurance; description of injuries suffered; and the medical treatment received for those injuries as well as the injured person’s medical history. The answers given to the questions asked must be honest and in case any new information is obtained after the answers are submitted, that should also be notified.

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Request for production of relevant documents: Medical records and medical bills may be requested during the discovery phase along with pictures of the site of accident and injuries sustained, lost wages records, and records related to personal property damage. Ideally, go to your doctor and collect all relevant medical records at an early stage itself to ensure that you get your due compensation .

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Request for admission: This signifies one party’s written factual statement that is served on another party that must admit, deny, or object to the substance of the statement. If the party does not provide a reply to the request for admission within 30 days, a judge may deem that the statements have been admitted to by the party who received the request for admissions.

www.mosmedicalrecordreview.com

918-221-7791

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Deposition: A deposition is out-of-court testimony that is recorded and transcribed by a court reporter. It is used in court later or used for discovery purposes . Either party can request a deposition of the other parties, or expert witnesses in the lawsuit. A deposition is the best way to have on record the entire account of the accident or event before the parties involved forget minor but important details .

Depositions are recorded and transcribed and used later or during a trial to substantiate or dispute testimony. Though not a formal hearing or trial, the person being deposed must answer all questions truthfully. There is no limitation regarding the number of questions an attorney may ask the person being deposed . Depositions are important for attorneys because they rely upon deposition testimony to develop trial strategy, discover additional witnesses, negotiate a settlement, and determine what questions to ask at trial.

As providers of medical review services for personal injury attorneys, we understand that the discovery process can extend from a few weeks to months . It will almost always require the client’s active involvement . The attorney will ensure that his/her clients are well-prepared for the discovery phase and help them understand their role .

www.mosmedicalrecordreview.com

918-221-7791