What Is the Discovery Process in a Georgia Personal Injury Lawsuit?

What Is the Discovery Process in a Georgia Personal Injury Lawsuit?

Discovery is the stage of a Georgia personal injury lawsuit in which both sides exchange information they’ve gathered during their respective investigations. The process helps both sides understand the matters at hand and prepare to address the other side’s arguments.

What Happens During Discovery in a Georgia Personal Injury Lawsuit?

By the time a Georgia personal injury case reaches the discovery stage, both sides have likely amassed a considerable amount of evidence. During this stage, each side will take various steps to winnow this information down for trial, such as:

• Submitting initial disclosures – The discovery process usually kicks off with both sides submitting some basic information to each other, such as their witness lists and documents they plan to use.
• Sending interrogatories – An interrogatory is a set of written questions about the case that one side sends to the other. The recipient must answer the questions under oath before sending their response back.
• Making requests for documents – Once each side has had a chance to look at the other’s document lists, they typically request copies of the documents so they can review them in detail.
• Deposing witnesses – A deposition is a live interview in which the person being interviewed must answer questions about the case under oath. A neutral observer records the interview, and the person being interviewed typically has their attorney present to protect their rights.
• Requesting admission – Each side may seek to clarify the case by sending basic questions to the other and asking them to admit, deny, or object to each.
• Seeking independent medical examinations – The defendant in a personal injury case may ask the plaintiff (the person who filed the lawsuit) to undergo a medical exam from a neutral doctor to provide an objective assessment of the plaintiff’s injuries.

Why Does Discovery Matter in a Georgia Personal Injury Case?

The discovery process serves three key purposes in a Georgia personal injury case. The first is to establish the basic facts of the case and identify the key legal issues in dispute. By exchanging evidence, both sides get a clearer picture of the other side’s position and the arguments they might use at trial.

Discovery also sets the stage for a personal injury trial, if necessary. Both sides have a chance to view the other’s evidence and prepare for it accordingly, which streamlines the trial process and reduces the likelihood of surprises that might derail the proceedings.

Finally, discovery can push both sides to settle before actually going to trial. For instance, a defendant who realizes during discovery that their case is weak is likely more willing to offer the plaintiff a fair settlement rather than risk worse at trial.

How an Experienced Attorney Guides You Through Discovery

An experienced Georgia personal injury attorney can handle every step of your case on your behalf, including the discovery stage. Your lawyer can also help you prepare for depositions, make sure you don’t send any information outside your case’s scope, and push for a fair settlement.

Our attorneys know the discovery process inside and out, and we’re ready to defend your rights throughout your case. Call Kaufman Injury Law today or reach out online for a free consultation.