Most personal injury claims in Texas are resolved through negotiations with the at-fault party or their insurance company. However, when a fair settlement can’t be reached, filing a personal injury lawsuit may be necessary.
Lawsuits move through several stages before trial—one of the most important is discovery. Discovery allows both sides to exchange critical information and gather evidence, helping injury victims build a stronger case.
What Is Discovery?
Discovery is used during the pre-trial phase of civil actions. It refers to the process of gathering information and evidence to prepare for a trial. The Texas Rules of Civil Procedure govern the discovery process in personal injury cases filed in state courts.
The discovery phase begins soon after filing a personal injury lawsuit. It often takes several months to complete, depending on the case’s complexity. Discovery involves seeking information and evidence from the other party.
Discovery tools commonly used in personal injury cases include:
Depositions
A deposition is testimony given under oath outside of a courtroom. The rules for depositions are more relaxed so that attorneys can ask a broader range of questions during a deposition.
In a personal injury case, several different types of parties may be deposed, including:
- The injured party and the parties being sued
- Medical specialists and other expert witnesses
- Eyewitnesses
- Family members
Depositions gather facts and can impeach witnesses if they contradict earlier statements.
Interrogatories
Written questions are sent to the other party, which must be answered under oath. Interrogatories are an excellent means of obtaining basic information related to the case. Because the responses are under oath, they can sometimes be used in court. Also, the duty to update the information continues throughout the case.
Requests for Disclosure
Written requests to disclose specific information about the case, such as how economic and non-economic damages were calculated. The Rules of Civil Procedure define the information that can be requested.
Requests for Production
Requests for production are often sent with interrogatories. Requests ask for documents cited in interrogatory responses and other relevant materials. The responses are given under oath and must be updated if the party discovers additional documents.
Requests for Admissions
These requests are answered under oath and can narrow the legal issues and disputes for a personal injury lawsuit. The requests are statements that the other party must either admit to or deny. The party may also state that they have insufficient information to admit or deny the statement.
Subpoenas
A subpoena is a court order requiring someone to appear to testify. It can also require parties to provide documentation. Subpoenas may be used to compel a witness to appear for a deposition. They can also be used to require a party to produce documents, such as a phone company producing cell phone records.
What Happens if a Party Refuses to Respond to Discovery Requests?
If a party refuses to cooperate, the court can compel compliance and may issue sanctions. If a party refuses to reply before the deadline, your attorney can file a motion to compel a response. The judge hears from both parties. If the other party has a legal reason for failing to respond, the judge could decide in their favor. However, there are very few legal reasons for failing to respond to discovery requests.
It is essential to understand that there are limitations and restrictions for discovery. The Rules of Civil Procedure dictate the information a party can request. The information must relate to the case and disputed issues. The rules do not permit parties to demand irrelevant information or documents.
Furthermore, privileged information is not subject to discovery. For instance, information protected by attorney-client privilege does not need to be disclosed during discovery. Private conversations with your doctor or lawyer are protected and can’t be shared. In some instances, spousal privilege may apply to a discovery request.
How Can Discovery Impact a Personal Injury Case in Galveston, TX?
Gathering information and documents from the other party allows you a glimpse into their defense. It can expose the weaknesses of their defense and their strengths. Likewise, the other party can evaluate the strength of your claim. When the parties assess their positions considering the evidence and information they receive through discovery, it can lead to a settlement.
For example, the insurance company for the driver who caused your accident may realize their case is weak. It may also be realized that once jurors hear your evidence, they may rule in your favor and order a large amount of damages. Therefore, the insurance company may offer a fair settlement instead of taking the risk of a jury returning a larger amount for damages.
Schedule a Free Consultation with Our Galveston Personal Injury Lawyers
You deserve to be compensated fairly for the injuries and harm caused by another party. Our Galveston personal injury lawyers at The Law Firm of Alton C. Todd Personal Injury Lawyers can help you pursue claims to recover compensation for medical bills, emotional distress, and other damages.
Injured in Galveston? Our personal injury lawyers offer free consultations. Contact our law office and let us help you pursue full compensation, give us a call at (409) 207-9299 and we’ll get you started.
