DGAA bLAWg

Understanding the Discovery Process in Personal Injury Lawsuits

Web Admin - Thursday, February 07, 2019
Rolling Meadows personal injury lawyer discovery processIf you have suffered severe damages as a result of someone else’s negligence or malfeasance, you have the right to file a personal injury lawsuit to recover compensation from the at-fault party. In order to win your case, however, your lawyer will have to develop a strong set of facts and arguments through a legal process known as discovery

For example, if you are injured in a collision involving your car, an SUV, and a large commercial truck, some of the questions that will have to be investigated and argued include:

- What percentage of the fault for the collision should be attributed to each party involved in the crash, including the company that owns the commercial truck and employs its driver? 

- Exactly what physical injuries did you suffer as a result of the collision? 

- What are your reasonable medical expenses to recover from those injuries?

- Did the accident leave you with any permanent disfigurement or disability? 

- What other damages did you suffer, such as emotional trauma requiring psychotherapy or lost income from being unable to work?


The legal process through which the parties to a lawsuit exchange information and answer questions such as these is called discovery. Discovery has two phases: sharing of written documents and oral interviews known as depositions.

Written discovery typically involves three types of documents:

- Interrogatories - These are essentially questionnaires submitted by one party in the lawsuit to be answered in writing by another party. The questions may be as simple as asking for names, contact information, and relevant insurance information for everyone involved in the accident.

- Requests for production of documents - The other side may request documents such as your medical records, medical bills, records pertaining to your vehicle, and any photographs you may have of the accident scene, your vehicle, and your injuries. Your lawyer may, in turn, request such information from other parties to the lawsuit.

- Requests for admission - This document spells out certain facts of the case and asks that the other party admit or confirm that these facts are

true, so that these facts do not have to be further investigated or proven in court. For example, in an auto accident case, the request might seek to confirm the details of a negligent party’s personal liability insurance coverage, obtain an admission that they were not carrying out duties for an employer at the time of the accident, and seek an admission that it was their negligence that caused the crash.

The purpose of the written discovery phase is to lock down all possible evidence related to your case, including any evidence that the opposing parties may use to support their position. For example, there is typically an insurance company involved, and their objective will be to minimize the scope of your damages and thereby minimize the compensation they have to pay you. 

Depositions


Once written discovery has been completed, your legal team will use that information to ascertain the questions they want to ask in the oral interrogation phase known as depositions. Depositions are expensive, so your legal team will want to prepare a very focused list of questions to ask in each interview. Depositions are made under oath and are generally video-recorded and transcribed. 

You may be surprised to learn that the discovery process in a personal injury case can take as long as six months to a year. While this may seem like a long time to wait for a settlement, a thorough discovery process is crucial to prove who was at fault and demonstrate the full extent of your damages. Most cases are won or lost in discovery, and most cases are settled based on the information that comes out of the discovery process, saving you the additional time and expense of a trial.

A Schaumburg Personal Injury Attorney

  
If you have been injured in a car crash or other accident that was not your fault (or at least less than 50% your fault), be sure to select a Palatine personal injury lawyer who has the skill and experience to handle the discovery process for your type of case and advocate vigorously on your behalf. Contact us at 847-934-6000 to schedule a free consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_II/ArtII.htm#206

Recent Posts


Tags

Chicago insurance claim attorneys DMV traffic violations defense liens homestead rights fatal car accidents brain injury Jay Andrew power of attorney for healthcare Illinois Sales Representative Act Rolling Meadows business lawyer Illinois registered agent dog bites Schaumburg Attorney Illinois employment law firm Illinois DUI attorney foreclosure Inverness real estate attorney Illinois real estate lawyer deed transfer startup company estate tax Riverwoods estate planning lawyer agent Illinois trucking safety life insurance claims residential real estate elder abuse Rolling Meadows estate planning attorney insurance dispute attorney corporate law Arlington Heights medical malpractice lawyer Illinois injury lawyer Deer Park criminal attorney clemency Illinois pet lawyer car accident Mount Prospect real estate lawyer power of attorney manufacturing Barrington criminal lawyer BUI driving dram shop law speeding Liquor Control Act texting while driving probate process life insurance lawyer license revocation Des Plaines Traffic Lawyer distracted driving accident victims IRS Colin H. Gilbert Fair Labor Standards Act Schaumburg injury lawyer commercial real estate landlord Crystal Lake pedestrian accident lawyer Home Sale Contingencies Landlord Tenant Ordinance Rolling Meadows real estate attorney forming a corporation in Illinois living trust benefits workers compensation benefits cell phone accidents Illinois traffic ticket lawyer contracts Barrington civil litigation attorney internet Barrington employment law attorney Crystal Lake pet attorney irrevocable trust Inverness corporate attorney child safety Palatine workers compensation lawyer tax attorney pedestrian injuries, pedestrian fatality DUI penalities Barrington injury attorney Rolling Meadows personal injury lawyer Des Plaines tax law firm healthcare Crystal Lake estate planning lawyer distracted driving accidents Illinois red light cameras Des Plaines criminal attorney cell phone tower data Deer Park personal injury lawyer gift taxes Chicago employment lawyer Schaumburg Do Not Resuscitate car collision bad faith insurance claims Deer Park traffic lawyer truck collisions Crystal Lake civil litigation lawyer Des Plaines collections attorney Long Grove wills and trusts attorneys Arlington Heights wills and trusts attorneys Illinois attorney probate claims workers compensation drug crime Des Plaines civil attorney rest breaks ACA Barrington estate planning attorney Des Plaines injury law firm caretaker rights Palatine corporate attorney wills and trusts Illinois traffic attorney Deer Park DUI lawyer Kenilworth estate planning attorneys Buffalo Grove traffic attorney Chicago traffic lawyer defective products lawyer Chicago car accident lawyer spinal cord injury Illinois insurance lawyer Chicago biking tips Des Plaines claims law firm Palatine civil litigation lawyer Schaumburg elder law lawyer Crystal Lake accident attorney Illinois employment lawyer blood alcohol content Illinois rollover accident lawyers insurance claim delay Long Grove estate planning texting and driving Deer Park traffic accident attorney Deer Park real estate law firm Barrington criminal defense lawyer probate fees insurance dispute Illinois boating accident lawyer traffic crimes Illinois Wage Payment and Collection Act Illinois living will real estate lawyer paid sick leave Arlington Heights wills and trusts lawyer personal injury claims denial of life insurance financial advisors drugs trench injuries investment property Illinois corporate lawyer Rolling Meadows DUI lawyer insurance negligence premises liability Buffalo Grove injury lawyer traumatic brain injuries digital media accounts, estate planning, Arlington Heights estate planning attorney, installment contracts Barrington workers compensation attorney revenge porn ObamaCare FSLA Schaumburg criminal attorney Illinois estate planning attorney Rolling Meadows criminal lawyer Schaumburg civil litigation attorney Schaumburg insurance lawyers Buffalo Grove probate lawyer license reinstatement Rolling Meadows Attorney Des Plaines drug crimes lawyer trust payments Inverness real estate lawyer Arlington Heights employment law attorneys pain and suffering liability claims Arlington Heights traffic attorney estate planning attorney small business Illinois bicycle safety Barrington business law firm insurance adjusters Inverness insurance attorney Rolling Meadows insurance dispute lawyers loss of consortium Rolling Meadows traffic law firm Illinois Smoke Detector Act Palatine business attorney personal injury claim Attorney Ken Apicella probate lawyer work unions Des Plaines DUI attorney new real estate form living trust vs will federal regulations for LLCs medical malpractice claims food poisoning Buffalo Grove real estate attorney Schaumburg drug defense lawyer Rolling Meadows Traffic Lawyer vacation home Arlington Heights pedestrian accidents Illinois employment law attorneys Long Grove estate planning attorney llinois Real Estate Lawyers Association Super Mario fiduciary rule delay Schaumburg personal injury attorney real estate leasing holiday statistics creditors medical marijuana landlord tenant law Affordable Care Act estate attorney Fourth of July college kids Palatine law firm Barrington personal injury lawyer wills Rolling Meadows employment law attorneys car crash injuries Barrington litigation attorney traffic offenses mortgage commercial leasing BAC medical malpractice fault based insurance Illinois workplace discrimination attorney breach of contract BAIID caregiver employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, ken apicella Crystal Lake injury attorney Illinois job attorney Arlington Heights Attorney right to work swimming pools trucking accidents Illinois workers compensation lawyer trauma after an accident Rolling Meadows insurance dispute lawyers, insurance dispute rollover car crashes Illinois probate lawyer changes to mortgage law Inverness injury lawyer Illinois traffic attorneys Illinois personal injury School Visitation Rights Act Arlington Heights wills and trusts lawyers Schaumburg criminal law attorney Des Plaines real estate attorney insurance claim dispute real estate zoning jet ski Barrington Illinois estate planning lawyer license suspension guardianship attorney Illinois Trust Code Des Plaines personal injury lawyers gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys disability benefits Des Plaines personal injury attorney IRA benefits Illinois tax attorney employee discrimination Crystal Lake tax lawyer Arlington Heights lawyer pedestrian accidents Des Plaines insurance attorney Rolling Meadows personal injury attorney personal injury law firm Buffalo Grove personal injury attorney Arlington Heights criminal lawyer Rolling Meadows personal injury lawyers Chicago trucking accident attorney Crystal Lake insurance lawyer Barrington estate planning lawyer traffic tickets Palatine drug lawyer attorney fees boating under the influence car accident lawyers insurance attorney car accidents institutional trustee Palatine employment attorney meal breaks drunk driving Schaumburg estate attorney criminal Illinois personal injury attorney trucking accident lawyers Palatine injury attorney Crystal Lake business law attorneys Home Remodeling Repair Act Illinois motorcycle accident lawyer Illinois wills and trusts attorneys DUI Illinois Workers’ Compensation Commission breathalyzer test Rolling Meadows employment law attorney TBI South Barrington real estate attorney Illinois medical malpractice claim digital evidence Palatine traffic accidents wrongful death Palatine employment law lawyer traffic deaths Crystal lake insurance dispute attorney digital information murder charges icy parking lots Palatine traffic lawyer social media after death Palatine Attorney Inverness elder law lawyer liability overtime pay Illinois medical malpractice attorney Kenilworth estate planning lawyer severance agreements Arlington Heights accident attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Buffalo Grove corporate attorney Buffalo Grove law firm Arlington Heights car accident lawyer Crystal Lake criminal defense attorney Arlington Heights personal injury lawyer Arlington Heights insurance attorney personal injury accidents Illinois elder law attorney Chicago will attorney Illinois employment law construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation murder probate bicycle accidents estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Long Grove estate planning attorneys Schaumburg real estate lawyer underfunded trust employment lawyer employment law, Illinois employment laws insurance claim denials automated cars Mount Prospect wills and trusts lawyers criminal law Schaumburg personal injury lawyers Deer Park workers compensation lawyer living wills Deer Park motorcycle accident lawyer Illinois workers compensation attorney eluding a police officer estate planning lawyer Schaumburg estate planning lawyer Detainer Actions Des Plaines motorcycle accident attorney in terrorem provision traffic laws Buffalo Grove traffic lawyers Illinois workplace lawyer car crashes employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois Transfer on Death Instrument personal injury attorney real estate Illinois estate planning workplace sexual harassment Illinois insurance attorney employment law Illinois lawyer nursing home negligence filing a medical malpractice claim Buffalo Grove personal injury lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers reckless homicide Mt Prospect Attorney slip and fall employment contract bicycle dooring accidents Illinois small business criminal defense Illinois employment law attorney employees Crystal Lake personal injury lawyer overtime violations whistleblower protections drug possession Policy Cancellation Arlington Heights Traffic Lawyer natural gas explosion wrongful termination insurance agent negligence CAM Illinois personal injury lawyer Kenilworth estate planning attorney Crystal Lake traffic lawyer denied insurance claims senior citizens anesthesia errors Buffalo Grove car accident lawyer PTSD boating DUI elder law Colin Gilbert Crystal Lake car accident lawyer Illinois Probate Act of 1975 Exclusions Illinois personal injury lawyers Palatine estate planning lawyer Arlington Heights trucking lawyer controlled substance Inverness probate lawyer employee rights Arlington Heights car crash attorneys Barrington employment attorney Illinois insurance disputes Illinois business lawyer murder defense Rolling Meadows drug defense attorney Illinois collections attorney Rolling Meadows criminal attorney preventing accidents trusts Palatine real estate lawyer Palatine employment lawyer marijuana Illinois employee rights attorney. consent to a search business litigation personal injury Crystal Lake medical malpractice law firm medical malpractice compensation Crystal Lake personal injury attorney surgical mistakes dynasty trusts probate claims process defective products DGAA workers comp rent to own real estate contracts underinsured motorist motorcycle accident lawyer dealing with problem employees accidental death benefits appealing an insurance claim Crystal Lake will lawyer capital gains tax Palatine elder law attorney Schaumburg wrongful death attorney privacy Barrington employment law firm Palatine construction attorney jet ski accidents traffic violations Palatine trusts lawyer Retaliatory Discharge drunk driving statistics Buffalo Grove criminal defense lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys construction contracts health insurance dispute Schaumburg construction accident lawyer Barrington drug crime attorney income distribution deducation hiring employees condo condo association Schaumburg employment law attorneys estate planning trusts low-ball insurance settlement pet bites hit and run accident Illinois medical malpractice lawyers modern family estate planning life insurance policy insurance denial appeals Forcible Entry special needs trust Chicago employment attorney job lawyers Long Grove real estate attorney Illinois car accident attorney Arlington Heights tax lawyer Rolling Meadows litigation lawyer insurance disputes Des Plaines LLCs Buffalo Grove employment lawyer auto accidents Illinois law Illinois driving without license Arlington Heights personal injury attorney sole proprietorship insurance claims Arlington Heights TBI attorney Illinois insurance claim attorney insurance claim drug crimes lawyer suspended license Family Medical Leave Act Employment Discrimination Law Inverness traffic law firm medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Rolling Meadows trustee Illinois traffic accident lawyer Palatine criminal defense lawyer Illinois jet ski accident lawyer back injuries subcontractor Inverness DUI lawyer POA car accident lawyer pet law Des Plaines pet law attorney Food and Drug Administration's Food Safety Modernization Act pedestrian accident Chicago will attorney, social media platforms, Illinois estate planning lawyer, insurance claim dispute attorney Crystal Lake bike accident lawyer medical research Illinois traffic laws Chicago insurance law firm loopholes rumble strips Rolling Meadows boating crash lawyer Schaumburg corporate attorney Joliet general practice lawyers cell phone Rolling Meadows insurance attorney Illinois wrongful termination lawyer unauthorized overtime Long Grove real estate lawyer living trust estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Schaumburg employment attorney license commercial leases independent contractor insurance agents operating agreements employment attorney Arlington Heights estate planning attorney preventable medical errors crossover accidents DUI defense underage DUI drug crimes estate plan bike accident Illinois insurance dispute lawyers Des Plaines accident attorney Class A misdemeanor DNR estate planning wage theft deadly crashes unfunded trust Crystal Lake traffic attorney traumatic brain injury product liability Illinois wills and trusts real estate closing Rolling Meadows tax attorney DUI attorney comparative negligence IRA trust transfer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois mortgages Rolling Meadows employment attorney Mount Prospect elder law attorney Crystal Lake employment lawyer pedestrian-automobile accident Barrington real estate lawyer Chicago attorney Illinois insurance claim dispute lawyer advance healthcare directive taxes Rolling Meadows medical malpractice lawyers Buffalo Grove medical malpractice lawyers Deer Park medical malpractice attorney civil litigation attorney Schaumburg probate attorney motorcycle accident no contest clauses Arlington Heights wills and trusts attorney Palatine corporate law attorneys Chicago lawyer Des Plaines drug lawyer Inverness civil lawyer Self-Directed IRA Accounts Rolling Meadows accident lawyer boating accidents denied insurance claim minimum wage Illinois pedestrian accident attorney Schaumburg traffic lawyer Crystal Lake employment attorney Rolling Meadows marijuana attorney fiduciary rule employee misclassification Deer Park employment law attorney Illinois construction accident attorney Schaumburg car accident attorney Palatine punch death foreclosed rental property Illinois defective products attorney sexual harassment Thanksgiving Des Plaines real estate lawyer Buffalo Grove insurance claim dispute lawyers pay when paid contract Inverness personal injury attorney home inspection lawyer insurance claim denial traffic accidents civil litigation unpaid overtime compensatory time life insurance natural gas golf accidents Illinois estate planning law firm IRELA blended families personal injury lawyer Des Plaines personal injury lawyer unpaid assessment spinal cord injuries medication errors Illinois will lawyer insurance denials Deer Park accident attorney Inverness accident lawyer Palatine civil attorney slip and fall accidents Crystal Lake medical malpractice lawyer FMLA field sobriety test expungement Federal Food Drug and Cosmetic Act Rolling Meadows traffic attorney Barrington personal injury attorney construction accidents Whistleblower Claims Chicago estate planning lawyer Arlington Heights injury attorney Illinois speeding lawyer marijuana crimes attorney Transfer on Death Instrument Illinois home inspection estate planning for college students Illinois business law atorneys South Barrington real estate lawyer civil rights violation rollover accidents real estate attorneys Rolling Meadows car accident lawyers healthcare claims real estate contract sexual images federal crimes Inverness estate planning lawyer Illinois insurance claims lawyers pizza emoji Barrington boating accident attorney uninsured motorist Palatine probate lawyer Barrington attorney Illinois employment laws Illinois trusts attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Crystal Lake medical malpractice attorneys vacation home fines Crystal Lake law firm Rolling Meadows corporate lawyer Rolling Meadows probate lawyer GM ignition switches first degree murder Schaumburg personal injury lawyer Illinois civil litigation lawyer involuntary manslaughter pregnant women Crystal Lake car accident attorney real estate attorney Crystal Lake employment law attorney Chicago corporate attorney Schaumburg medical malpractice lawyer products liability hands free device Illinois medical malpractice case problem employees Barrington Traffic Lawyer Illinois criminal defense attorney criminal record Legal Info Palatine personal injury lawyer Illinois insurance claim dispute lawyers Chicago estate planning Illinois real estate privacy laws Illinois employment attorneys Rolling Meadows insurance lawyer Schaumburg estate planning attorney Illinois digital assets Barrington medical malpractice lawyers comp time head on collisions Arlington Heights real estate lawyer Illinois LLC creation Des Plaines medical malpractice attorney Illinois Human Rights Act Arlington Heights employment attorney mass shooting owner responsibility car crash Palatine insurance lawyer

Archive