There are several stages to a Las Vegas personal injury lawsuit. Many personal injury claims never see the inside of a courtroom because they are settled by the parties involved. Other times, however, the insurance company does not offer a fair settlement. In this scenario, the case must proceed through the litigation process and go to trial before a judge and jury. One particularly involved phase of a Las Vegas personal injury lawsuit is the discovery phase.
What can be Discovered?
In a civil lawsuit, the discovery phase is the process by which the attorneys for both sides gather and exchange information that is relevant to the case. Generally, this can include all types of information from the opposing party including facts, witness testimony, and other evidence. The basic discovery rule is that if the information sought pertains to any issue in the lawsuit at hand, it is discoverable unless it is privileged or otherwise legally protected. Information that is typically asked in discovery requests include:
Any information regarding what a party or witness heard, saw, or did in connection with the dispute;
Anything that was said or discussed at a particular time and place regarding the dispute;
The name of anyone who may know something about the dispute, the injuries, or any financial losses suffered by either party;
Detailed information about how a company runs its business if a product or service sold relates to the dispute;
Any documents relating to the dispute in question; and
Background information of a witness including personal, education, and professional.
Types of Discovery
The four general types of discovery include:
Interrogatories: Simply put, interrogatories are sets of questions that are exchanged between the parties to a case. The questions posed help to gather evidence and facts about the case. The answers provided by the other side can be used against them during litigation;
Request for production: This discovery request is just what it sounds like – a request for the other side to hand over documents. These may include medical records, photographs of injuries to person or damage to property, medical receipts, and other relevant documents;
Request for admission: These are posed in a manner in which one party wants the opposing party to admit certain facts. When posed with these requests, the party answering can admit, deny, or explain why the statement can be neither admitted nor denied. Once a party has admitted a fact, it does not need to be called into question during trial;
Depositions: These are under-oath, recorded testimonies that are sought and obtained outside of a courtroom. Depositions provide both sides with the opportunity to ask each other, experts, and/or lay witnesses questions regarding the case at issue. Because depositions can be memorialized either by video or transcript, they are sometimes used in the courtroom during trial.
Nevada Personal Injury Attorneys
If you have suffered a personal injury in Nevada due to the fault of another, or know someone who has, contact the skilled and experienced Las Vegas personal injury attorneys at Parry & Pfau.
(image courtesy of Noble Mitchell)