What Happens in the Discovery Phase of a Personal Injury Lawsuit in Pennsylvania?

Perhaps one of the most important steps in a personal injury lawsuit is the discovery phase. This step is so important that both sides must participate, and serious penalties may be imposed on those who refuse. At this stage, evidence is exchanged between the parties, and the process can last for months.

Ideally, both sides of the case should be gathering information and evidence to support their respective arguments. During discovery, the parties must exchange their relevant information and evidence. This helps each side understand what they are up against so they can build the strongest case possible. It also facilitates communication between the parties.

Call our Philadelphia, PA personal injury lawyers at The Reiff Law Firm at (215) 709-6940 for a free, private evaluation of your case.

Exchanging Evidence and Information During the Discovery Phase of a Personal Injury Case

The primary purpose of the discovery phase is for the parties to exchange relevant evidence and information. How this happens, and what evidence must be exchanged, will vary from case to case.

Requests for Production

During discovery, the parties in a lawsuit are required to exchange all relevant evidence and information. This does not necessarily mean that they have to exchange all possible evidence, but only that which is sufficiently relevant to the case.

If there is evidence we believe the defendant has that is important to the case, we can request that they provide it to us through the discovery process. Generally, the parties should comply with requests for production, but the defendant may push back if they believe the evidence we seek is not sufficiently relevant to the case.

By the same token, we can also push back against requests for evidence or information that is not relevant.

Records and Documentation

In many personal injury lawsuits, the discovery process involves exchanging a lot of records and documentation. Certain records, either personal or business, may not otherwise be available, and the discovery process might be our only way to access this crucial information.

For example, if you file a personal injury lawsuit against a trucking company after a serious highway accident, we can request that the company produce specific business records related to the truck and its driver.

Photos, Videos, and More

We should consider what kind of evidence the opposing party likely has before the discovery phase. For example, photos of accidents, videos from the defendant’s security cameras, and similar evidence that is within the defendant’s control should be requested.

Photos and videos are common in many personal injury cases. People often take photos of accident scenes for insurance purposes, and nearby security cameras might have recorded the accident on video.

Asking Questions During the Discovery Phase of Your Personal Injury Lawsuit

The discovery phase is about more than exchanging evidence we already have. It is also about obtaining new information from people close to the case.

Interrogatories

We may obtain information by submitting interrogatories. These are written, formal questions about the case that we can submit only to people directly involved in the case (i.e., the defendant). Interrogatories are answered under oath and can help us gather information from the defendant about the case.

Depositions

A deposition is an in-person question-and-answer session. Essentially, we may prepare various questions and ask the defendant and witnesses to answer them. Depositions are not limited to the parties to the case. We can use these to gather information and assess the credibility and demeanor of possible witnesses.

Like interrogatories, depositions must be answered under oath. If the defendant deposes you, our Pennsylvania personal injury attorneys will be there to help you.

Requests for Admissions

A lawsuit may involve a long list of facts that the parties may or may not agree upon. If both parties agree on certain aspects of the case, they can stipulate those facts, meaning they do not have to be proven and are accepted as true. This can greatly help expedite a complex case.

We can use the discovery process to send requests for admission to the defendant. The more facts that we can agree upon, the more efficient the case may be.

Evaluating Injuries During the Discovery Phase of Your Pennsylvania Personal Injury Case

Physical injuries and medical treatment are a big part of personal injury lawsuits. There is a strong chance the defendant will seek information about your injuries, and we may need to provide it through the discovery process.

Exchanging Medical Records

The defendant may request to see your medical records, and we may have to comply, but we do not have to provide the defendant with your entire medical history.

Remember, only relevant information must be exchanged during discovery. This means we can provide only your medical records about the injuries for which you are suing. If the defendant wants more, they must prove why additional information is necessary and relevant.

Independent Medical Evaluations

It is also possible that the defendant will request an independent medical evaluation of your injuries. This can be very invasive, and we can and should push back against it. However, if the court demands our compliance, you may have to submit to an evaluation.

Often, a physician appointed by the court will conduct the evaluation. They should be impartial and have no inclination toward you or the defendant. Often, defendants are looking for information they can use to undermine the severity of the plaintiff’s injuries.

FAQs About the Discovery Phase of a Pennsylvania Personal Injury Lawsuit

What is the Discovery Phase of a Personal Injury Case?

The discovery phase is a stage in a personal injury lawsuit in which both parties must exchange relevant evidence and information. It may also consist of question-and-answer sessions through interrogatories and depositions.

When Does the Discovery Phase of a Personal Injury Lawsuit Happen?

The discovery process begins fairly early in the legal process. After you file a formal complaint against the defendant, they must file a formal answer. Depending on the situation and whether any other pretrial hearings are necessary, the discovery phase begins shortly after the defendant files an answer.

How Long Does the Discovery Phase Take in Pennsylvania?

The discovery phase is often the longest period of a trial and may last for several months. This time is necessary for the parties to compile all relevant evidence and information so it may be passed to the other side. This time is also necessary for things like interrogatories and depositions.

Can Evidence Be Exchanged After the Discovery Phase Closes?

Generally, no. If the defendant demands to see evidence they believe we have after the discovery phase has closed, we may not have to comply, barring special circumstances. The same goes for us, and we typically cannot make discovery requests after the discovery phase is closed.

Can I Question the Defendant and Witnesses During the Discovery Phase?

Yes. Your lawyer can write and send interrogatories to the defendant, and they can question the defendant and potential witnesses in depositions. These sessions are conducted under oath and are extremely helpful in determining certain details of the case and assessing witness credibility.

Contact Our Pennsylvania Personal Injury Attorneys About Your Case Today

Call our Upper Darby, PA personal injury lawyers at The Reiff Law Firm at (215) 709-6940 for a free, private evaluation of your case.