When another driver has caused you to be injured, you may be entitled to more than what the insurance company wants to pay. In some cases, taking the other side to court is the only answer. It can be extremely frustrating for accident victims when it feels like their personal injury case is dragging along. Often, when it feels as though nothing is happening, pretrial preparations are actually ongoing. For a clue into what may be happening in your case prior to the opening day, read on.
The Importance of Discovery
The trial preparation period is officially known as discovery. Made up of several separate actions, discovery involves the sharing of evidence about the case between both the defense and the plaintiff (you). A trial is a process and the actual courtroom meeting is just one part of that process. Without discovery, trials would become cluttered with evidence, objections to evidence, postponements, hearings, and many delays. Discovery procedures ensure that your personal injury lawyer knows what the other side will be using to fight against you. For example, the other side could be alleging that you were partially at fault for the wreck. To that end, they intend to bring forth eye-witnesses who will testify about what they saw at the time of the accident. Discovery allows your attorney time to locate and bring forth eye-witnesses that will refute the defense's account of the way the accident happened.
Interrogatories in Discovery
Along with depositions, document production, and other discovery actions, interrogatories serve a vital function when it comes to finding out information about the case. Interrogatories are a series of questions asked of each side. While it's important to fully comply with interrogatory requests, the scope of the information requested by the other side can provide your attorney with some insight into what might happen later on in court.
For example, if you receive an interrogatory with a section of questions about your past medical history, your attorney will know that the other side is planning to dispute your medical expense claims. Past accident injuries or past medical issues that can be tied to the injuries you claimed to have suffered as a result of the accident are likely being disputed. If the other side can prove that you already had back problems, for example, then your medical expense damages will be reduced. Unfortunately, this issue is more serious than you might realize. Part of an adequate personal injury judgment revolves around pain and suffering. In some cases, the dollar amount of your medical expenses form the basis for what you end up being paid for pain and suffering. A reduction in this form of damage will result in an overall devastating reduction in compensation. As you can see, discovery gives your attorney an opportunity to gather vital evidence that enforces and supports your medical and fault issues prior to the start of the trial.
Speak to a personal injury attorney to learn more.
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