The discovery process is a fundamental part of civil litigation in Florida. It allows both parties to uncover and gather essential information to build their personal injury cases.
At Flaxman Law Group, for example, we work with a team of expert witnesses, legal research assistants, investigators, and a network of professionals to build strong cases and to work through the discovery process, so we can build strong personal injury cases for our clients.
Why Discovery Is So Important
The discovery process is a pre-trial phase during which each party involved in a legal dispute exchanges information and evidence relevant to the case. This is to promote fairness and ensure that both sides have access to the necessary facts, documents, and testimony.
Discovery can:
- Ensure all relevant information comes to light.
- Ensure all parties can anticipate and address the opposing side’s arguments, reducing the likelihood of unexpected developments during trial.
- Facilitate negotiations and encourage settlement discussions as parties gain a clearer understanding of the strengths and weaknesses of their cases.
Types of Discovery
Interrogatories are written questions that one party sends to the opposing side, and the receiving party must answer truthfully. Interrogatories can cover various aspects of the case, such as background information, witnesses, or details about the incident.
Requests for production involve the exchange of documents and other tangible items relevant to the case. This can include medical records, photographs, contracts, emails, or any other relevant materials.
Depositions involve oral testimony given under oath by parties, witnesses, or experts involved in the case. During a deposition, the individual is questioned by opposing counsel, and their responses are recorded and transcribed.
Resolving Disputes
During the discovery process, parties may raise objections to certain requests. Objections must be raised promptly and in compliance with Florida rules of civil procedure.
If an objection is raised, the parties may need to seek resolution through court intervention or negotiation. The court may hold hearings, issue rulings, or impose sanctions if either party fails to comply with discovery obligations.
Why You May Need a Personal Injury Lawyer
Attorneys assist their clients in formulating appropriate discovery requests, responding to requests received, and ensuring compliance with discovery obligations. Attorneys also review the information obtained and strategize how to best present their information to other parties.
Trying to navigate this process on your own can be very difficult. That’s why you will want to call Flaxman Law Group at 866-352-9626 or contact us online if you’ve been injured think you may have a claim. In a free accident consultation, we can review your options and explain whether you may have a case.