What Happens When a Personal Injury Claim Becomes a Lawsuit?

When a personal injury claim escalates into a lawsuit, there’s a possibility it could go to trial. Before that happens, both parties—the plaintiff and the defendant—engage in a formal process called discovery. Discovery allows both sides to gather evidence, ensuring the case is built on facts and not surprises. At Bert McDowell Injury Law, we are committed to guiding Connecticut residents through the discovery process with confidence and clarity.

What Is Discovery?

Discovery is the formal process through which you and your legal team can request certain types of records, documents, and materials to uncover relevant evidence. This process is designed to ensure both sides have access to the information needed to present their cases effectively. In Connecticut, as in the rest of the United States, discovery rules allow for broad requests, as long as they are relevant to the case.

For example, in a medical malpractice case, you might request a single disciplinary record for a doctor or all disciplinary records from an entire department over the last decade. If the request has the potential to uncover evidence pertinent to the case, the judge will likely approve it. Once a discovery request is granted, the other party is legally required to comply. Failure to do so can result in penalties or sanctions.

What Types of Evidence Can Be Requested During Discovery?

The discovery process isn’t limited to just documents. In a personal injury case, there are several types of evidence that can be requested:

• Requests for Admissions: These are specific questions posed to the other party, often designed to elicit a clear admission that could weaken their case. For instance, in a car accident case, you might ask, “Did you or did you not see the red light before proceeding through the intersection?”
• Interrogatories: Open-ended questions that require detailed responses. For example, in a drunk driving case, you might ask, “What evidence do you plan to present to support your claim that you were sober at the time of the accident?”
• Requests for Production: Formal requests for specific documents, electronic records, or physical objects. For instance, you might request medical records, emails, or even surveillance footage relevant to the case.
• Depositions: Formal, sworn statements from witnesses collected before trial. Both legal teams are present during depositions, though the judge usually is not. Depositions can be used in trial, and a skilled attorney can object to certain parts if they are prejudicial or irrelevant.

How Does Discovery Impact Your Case?

Discovery plays a critical role in personal injury cases, and it often benefits plaintiffs by providing the evidence needed to support their claims. However, it can also pose challenges:

• Potential Weaknesses: Discovery might uncover evidence that weakens your case. For instance, in a whiplash claim, your medical records could reveal a history of neck pain, which the opposing party could use to argue against your claim.
• Costs: The discovery process can sometimes be costly, especially when it involves extensive document review or multiple depositions. However, most personal injury cases have manageable discovery expenses. At Bert McDowell Injury Law, we ensure that the costs of discovery are proportional to the potential outcome of your case.

Despite these challenges, discovery is often pivotal in strengthening your case. The evidence gathered during this stage can compel the opposing party to settle rather than risk going to trial. Insurance companies, for instance, may start out aggressively denying your claim but may reconsider once they see the strength of the evidence assembled during discovery.

Why Choose Bert McDowell Injury Law?

At Bert McDowell Injury Law, we are passionate about helping Connecticut residents navigate the complexities of personal injury law. We understand how overwhelming the discovery process can feel, but our experienced legal team is here to guide you every step of the way. We work tirelessly to uncover the evidence needed to build a strong case and secure the compensation you deserve.

With a deep understanding of Connecticut’s legal system and a commitment to personalized service, Bert McDowell Injury Law is your trusted partner in personal injury cases. Whether you’ve been injured in a car accident, due to medical malpractice, or any other form of negligence, we’re here to fight for your rights.

Contact Us Today

If you or a loved one has been injured, don’t wait to get the help you need. Call Bert McDowell Injury Law at 475-231-3274 for a free consultation. We’ll review your case, answer your questions, and help you understand your options. Let us fight for the justice and compensation you deserve.