Many people associate car accident litigation with courtroom trials. However, a trial is just one part of a car accident case, and many cases can be resolved outside of court. Much of a car accident case consists of a stage known as the discovery process. This allows both sides to uncover evidence and understand the facts of a case before they appear in court.
The discovery process in a Boca Raton car accident case is often intimidating for the victim, but our compassionate car wreck attorneys could provide valuable guidance and support. At Kogan & DiSalvo, we understand that testifying or writing statements under oath is difficult, and we could work to make the process as smooth as possible. Call us today to schedule a free case review and begin working towards a positive outcome in your case.
Once a lawsuit is filed and served on the defendant, they have 20 days to respond. Once that is accomplished, the case moves to the stage called discovery. Real car accident trials are not like TV, meaning there are no secret witnesses or missing documents. If the lawyers did their jobs right, the discovery process puts all the cards on the table.
Sometimes, the two sides may be able to come to an arrangement as a result of this process. A trial happens when an agreement cannot be reached as to liability, damages, or another issue. The parties need the jury to resolve the dispute.
The discovery process in a Boca Raton car accident case starts with interrogatories, which are written questions that each side will send to the other. These questions must be answered under oath.
The parties will also request documents from each other, such as:
This process continues to the depositions stage. The plaintiff may depose the defendant’s driver or other witnesses, and the defense will depose the victim. Out of these depositions, other evidence may come up, which could prompt the defendant’s lawyer to issue subpoenas. For example, the defendant could request a victim’s medical records going back years, looking for injuries that resulted from other accidents. The defense lawyer could try to argue that the victim’s injuries were not caused by the car accident.
In litigation, a plaintiff’s life becomes an open book. Through the discovery process, each side learns as much about the other as possible. The defense lawyer’s job is to basically overturn every single stone to minimize the defendant’s liability.
The plaintiff is very involved in the evidence process and the discovery process. They will have to answer questions, write under oath, produce documents, testify in the deposition, and be examined by a doctor of the defendant’s choosing. All of this becomes evidence that the defendant will attempt to use.
Although this process can seem intimidating, our seasoned lawyers could be with you at every step. We could help you understand the litigation process and know what to expect throughout discovery. If you need expert guidance through the discovery process in a Boca Raton car accident case, reach out to our dedicated legal team at Kogan & DiSalvo.