In-Depth View of the Discovery Phase in the Personal Injury Process

Everything You Need to Know about the Discovery Process of a Personal Injury Case in PA

If you or a loved one are injured in an accident in Pennsylvania that leads to a personal injury case, you might imagine that being in a courtroom will consume most of the process, but it is actually a process called “discovery” that is usually the longest phase to get through in a Pennsylvania personal injury case. In this critical phase, both sides are given an opportunity to collect relevant facts and prepare for settlement negotiations or trial. Following the discovery phase, the majority of personal injury cases are settled out of court, but whether or not you wish to actually go to trial, this fact-gathering stage is important for achieving the best outcome in your case.

Analyzing the Discovery Phase: Building Your Case with Facts

During the discovery process, both sides exchange information and evidence with one another. This gives each side an opportunity to understand and assess all of the relevant facts in the case and promotes transparency and fairness in our legal system. Both the plaintiff (the injured party bringing the claim) and the defendant (usually the negligent party or their insurance company) use the discovery process to collect evidence that supports their version of what happened during the accident, who was negligent, the cause of the plaintiff’s injuries, and the nature and extent of the plaintiff’s injuries. This evidence becomes the foundation of each party’s arguments and can be used to establish an argument or refute the other side’s position.

For example, a plaintiff in a personal injury case may collect information from eyewitnesses describing their view of the defendant’s reckless driving or they may submit a medical report from a treating physician opining that the cause of their injuries was the accident. A defendant may collect information about the plaintiff’s pre-existing medical conditions, which explain all of the plaintiff’s current physical complaints, arguing that it was their preexisting condition rather than the accident that caused their symptoms and/or physical limitations.

Ensuring Fairness and Transparency in the Discovery Process of a Civil Lawsuit in PA

In Pennsylvania, the rules of civil procedure outline how discovery may be conducted in a civil case like a personal injury dispute in order to ensure consistency and fairness in the process. This is a mutual process in which both parties have an equal opportunity to ask the other party questions, send interrogatories, conduct depositions, subpoena documents, and call witnesses to testify.

Pennsylvania rules set out timelines for all discovery deadlines to ensure that the case continues to move forward. There are also rules regarding the scope of evidence subject to discovery. Specifically, the information sought by a party must be relevant to the case at hand and not overly burdensome for the party possessing the information to provide.

The rules also limit what types of information can be sought or introduced at trial. Not only must the information be relevant to an issue at trial, but certain evidence is specifically protected from disclosure like attorney-client communications. Medical information, however, which is normally subject to robust medical privacy laws, is typically not protected from disclosure in a personal injury case because the plaintiff has put their health at issue by bringing an injury claim.

Uncovering the Truth: Common Discovery Tools in Personal Injury Cases

The most common discovery tools in a personal injury case are interrogatories, depositions, and requests for productions of documents.

Interrogatories are written questions that one party sends to another to ask questions about a topic at issue. That would be questions about what the defendant was doing right before the accident and questions about the plaintiff’s ongoing symptoms and physical limitations following the accident.

Depositions are out of court testimonies, taken under oath. In a personal injury case, a plaintiff, defendant, medical expert, or occupational specialist may be deposed. Before the deposition begins, the party being deposed will take an oath. The party conducting the deposition will initial questions in a direct examination of the witness being deposed. Then, the other side will have an opportunity to cross-examine the witness. A court reporter will be present and transcribe the entire deposition, so a record of the testimony can be submitted as evidence.

Probably the most common discovery tool in a personal injury case is requests for production of documents, specifically medical records of the alleged injured victim. When an individual files a personal injury claim, they put their physical health at issue and, therefore, their medical information is not protected from disclosure to the other side under healthcare privacy laws. These medical records may include initial diagnostic notes from the injured party’s first medical visit following the accident, all treatment records relating to the injuries, copies of imaging records like x-rays and MRIs, physical therapy records, and medical visit notes relating to the accident or treatment for injuries sustained during the accident, and medical records from pre-existing or subsequent injuries.

Another related and very common discovery tool is requesting that a plaintiff submit to an independent medical examination (IME). An IME is conducted by a medical professional of whom the plaintiff is not a patient so that an unbiased and fresh evaluation of the plaintiff’s injuries and their cause can be assessed. To reach their medical opinion as to the cause of the injuries, as well as the nature and extent of the injuries, the examiner will usually conduct a physical examination of the plaintiff and review all of their medical records.

Want to Talk to a Lawyer? Contact us for a Free Consultation

Personal injury cases are usually complicated. Even the ones that seem straightforward are complicated by the procedural requirements and evidentiary burden of a court case. An experienced Pennsylvania personal injury lawyer at our law firm can be an essential asset in guiding you through this process and ensuring that you collect and present evidence that will be powerful during settlement negotiations or effective at trial. From meticulously reviewing your medical records to determining your likelihood of success and the value of your claim to cross-examining medical experts during a deposition, our injury attorneys will play a vital role in protecting your rights and allowing you to recover the compensation you are entitled to. We help clients across Bristol, Buckingham, Croydon, Doylestown, Fairless Hills, Feasterville-Trevose, Langhorne, Levittown, Lower Makefield, and across Pennsylvania with navigating personal injury procedures like the discovery process. For more information and a complimentary review of your case, please contact our law office in Bensalem, PA, today at (215) 337-4915.