The discovery phase of a lawsuit is a pretrial investigation process conducted
by both plaintiff and defendant that require the disclosure of all relevant
information pertaining to a
personal injury case. The most common types of discovery are interrogatories, depositions,
and document production.
Experienced Newburgh personal injury attorneys know that interrogatories consist of written questions the other party
must answer under oath or penalty of perjury. Lawyers may formulate their
own sets of specific questions known as special interrogatories or may
use standard, pre-printed questions designed for the most common types
of lawsuits. These are known as form interrogatories. If questions arise
that may be deemed unfair or incomprehensible, your attorney will help
you decide what questions to raise objections to.
Secondly, depositions consist of oral questions to the other party or a
witness under oath while a court reporter prepares a written transcript
during the process. Depositions are helpful in uncovering as much information
as possible from the opposing side and to ascertain how a witness will
behave at trial. It is important to be wary of how to conduct oneself
during a deposition.
A highly knowledgeable personal injury attorney will prepare and guide you through this process.
Finally, document productions consist of one party requesting the other
party to the lawsuit to produce documents relating to the case. For example, in a
personal injury case, a party may request production of plaintiff's relevant medical records.
E-discovery facilitates the process where an extensive number of documents
are requested, particularly in cases involving medical malpractice or
Although not often used, another discovery tool known as a request for
admission, consists of one party asking an opposing party to admit or
deny that certain facts relating to the case are true. If the facts are
admitted to, they will be deemed true for purposes of trial. The same
occurs if the opponent neglects to respond in a timely manner.
When commencing a lawsuit, it is of paramount importance to be honest and
forthright with yourNewburgh personal injury attorney. Disclosure of all facts is critical for zealous and adequate legal representation.
In addition, misrepresentation of facts and falsification of information
will surface during the discovery phrase and; it is the fast track to
losing a case. Opposing counsel will aggressively find ways to undermine
your story, therefore; full disclosure to your attorney will help you
obtain the best legal representation possible.
Learn about the steps involved in a personal injury lawsuit in the latest
article from our attorneys
Our personal injury attorneys at
Mainetti, Mainetti, and O'Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.