After a car accident, questions tend to pile up quickly. Medical bills start arriving, insurance adjusters call, and the legal process can feel unclear. Many people reach out to a car accident lawyer in Charlotte, NC, to understand what their options look like. While some cases settle out of court, if you can’t reach an agreement with the insurance companies, car accident litigation may be the next step.
The first critical stage in this process is discovery. During discovery, both sides must turn over the information they’ve gathered and formally request additional evidence from one another. Understanding the process and what it entails can help you feel more certain about the legal process and what to expect.
Understanding Personal Injury Claims and the Legal Process
Many car accident personal injury claims begin with a claim against a driver’s insurance, followed by an investigation. Depending on the results, the insurer will offer a settlement that may or may not adequately cover the injured’s expenses.
This is often where a car accident lawyer in Charlotte, NC, comes in. They may attempt to negotiate a better settlement, but if that’s unsuccessful, a lawsuit may become necessary. At this stage, the legal process involves several steps: filing the complaint, discovery, potential mediation, and possibly trial.
Throughout the case, an attorney manages court filings, deadlines, and negotiations. Legal counsel also presents evidence of medical expenses, lost income, and other documented damages. Having knowledgeable representation can help accident victims better understand their options.
What Is Discovery in a Car Accident Case?
Once a lawsuit is filed, both sides are required to exchange information. This stage, known as discovery, gives each party access to the evidence the other plans to rely on. Once both sides see the evidence laid out clearly, settlement discussions often become more realistic. In some cases, the strength of the documentation changes how the parties evaluate the dispute.
Pre-trial evidence gathering in personal injury cases typically takes several months, depending on the case’s complexity. During this time, each party has the right to request relevant information from the other.
Discovery serves several strategic purposes beyond just exchanging evidence before trial in injury lawsuits.
For proving fault, discovery may uncover crucial details about how the accident occurred. Document requests may uncover relevant driving history or maintenance records, when legally permissible. Depositions allow attorneys to assess how witnesses will perform in front of a jury, while expert testimony secured during discovery can strengthen claims about future medical needs or diminished earning capacity.
Tools Used for Discovery
Attorneys use several formal tools during the discovery phase in a car accident lawsuit. Court rules govern these procedures and must be followed carefully.
Depositions
During a deposition, the injured person answers questions about the crash, medical treatment, and how daily life has changed. The testimony is given under oath and recorded by a court reporter.
Interrogatories
Interrogatories are written queries that one party sends to the other. The receiving party must respond in writing and under oath. Depositions and interrogatories in auto accident claims gather detailed information about the crash, injuries, and financial losses.
Document Requests
Document requests in car accident litigation require the other side to produce relevant records, such as:
- Bills
- Medical records
- Repair estimates
- Employment records
- Insurance communications
- Photos or videos of the accident scene
These records play a key role in proving fault and establishing damages.
Why Legal Representation Matters During Discovery
Navigating discovery without legal help can put you at a disadvantage. Defense attorneys and insurance companies handle car accident cases daily and know what questions to ask, which documents to request, and how to navigate discovery responses against plaintiffs.
Having an attorney can help protect you from procedural errors and improper discovery practices. Even seemingly minor errors, such as missing a deadline or giving a poorly worded answer during a deposition, can damage a case. Your attorney can object to improper requests, prepare you for a deposition, hire expert witnesses, and identify and respond to discovery disputes when they arise.
Yale Haymond Law PLLC Can Help With Car Accident Claims
The discovery phase plays an important role in preparing a case for resolution, as each step helps clarify the facts to prove fault.
Yale Haymond Law PLLC understands discovery in car accident cases and works to thoroughly prepare each case. From pre-trial evidence gathering in personal injury cases to preparing for a deposition, they can walk you through the process. For more information or to schedule a consultation, call (704) 800-4357.
