How Discovery Can Make or Break Your Personal Injury Case

Hello, this is Mark Gemma from Gemma Law Associates. As a personal injury attorney serving all of Rhode Island, I often get asked about the legal process involved in personal injury cases. One of the most crucial stages in this process is the discovery phase. Today, I want to shed some light on what discovery is and why it is so important in winning personal injury cases.

Understanding Discovery

Discovery, in legal terms, is a clearly defined process that helps us make personal injury cases robust before we go to trial. It is a way to gather critical evidence that we’ll eventually use either to negotiate a legal settlement or to prove to a judge and jury that our client’s injuries were caused by a negligent person, company, or organization. This evidence demonstrates that our clients deserve significant compensation for their injuries and suffering.

Interrogatories: Pre-Trial Questions

Interrogatories are an effective way to question defendants before trial. We send an interrogatory document containing written questions to the opposing side before trial. The defendants must provide their responses within a time limit set by the court. This allows us to assemble important information and gain a clearer picture of how the defendant’s attorneys will frame their defense if we must ultimately go to trial.

Depositions: Sworn Testimony Before Trial

Depositions are sworn testimony recorded before trial. When witnesses are questioned in person under oath, this is called a deposition. This pre-trial testimony can reveal many details that help build our personal injury cases. For instance, we can inquire about a driver’s actions before the accident took place. Responses to these types of questions can open further lines of inquiry which may be extremely useful in proving a defendant’s responsibility for our client’s injuries.

Admissions: Confirming Facts and Document Authenticity

By making a request for admission, we are asking defendants in a personal injury case to admit (or possibly deny) a statement of fact about the incident, or sometimes verify the authenticity of a relevant document — all while under oath.

Navigating the Complexity of Discovery

The discovery process is complex, the regulations surrounding it can be complicated, and there’s a strict time frame for discovery responses to be submitted. Furthermore, items garnered through discovery are shared with the opposing side, which can add another challenging aspect to the process.

Gemma Law is Here to Help

The last thing to know about discovery is that we’ll be here to help you through the process – whether you’re being asked to testify under oath in a deposition, verify that a document is genuine, or even play “20 questions” with a clever opposing attorney via a written interrogatory. At Gemma Law Associates, we’re committed to guiding you every step of the way.

Remember, the discovery process is a crucial part of your personal injury case. It’s not just about gathering evidence; it’s about building a strong case that can help you get the compensation you deserve. If you or a loved one has been injured due to someone else’s negligence, don’t hesitate to reach out to us. We’re here to help.