Maison Law helps injury victims handle the legal process after an accident in California. A key part of every case is “discovery,” where both sides gather information about the case. It’s important but can take time and be stressful. Our team is here to guide you through discovery and every step of your claim. Contact us today for a free consultation to learn about your legal options.
What is the Discovery Process Like in a California Accident Case?
For as stressful as an accident can be, the legal process is a necessary part of getting better. But when you decide to file a lawsuit, it opens you up to “discovery.” Although every case is different, discovery is a universal process that every lawsuit has. And it’s all about figuring out what information the other side has–and them getting all the information you have. Here’s how it works:
- Written discovery – This is the main part, and includes answering formal written questions called “interrogatories.” These questions cover general information like your name, occupation, and address, along with specifics about the accident, your medical history, and any prior injuries.
- Requests for documents – Interrogatories are often paired with “requests for production of documents,” which require you to provide relevant documentation. In an accident claim, this usually involves your medical records, accident reports, tax returns, and anything else supporting your claim for damages. Requests can also extend to communications like emails, text messages, and social media posts related to the accident.
- Depositions – A deposition is a formal meeting where the opposing lawyers ask you questions under oath about the accident and anything else that the other side has gotten in discovery. This is similar to giving testimony in court.
Honesty is vital during discovery. Providing truthful answers helps avoid surprises during negotiations or trials. At every step, we’re here to make sure your case is protected and your privacy is always taken care of.
What Happens After Discovery in an Accident Case?
Discovery is a huge part of any lawsuit or claim, and it’s actually why a typical lawsuit takes so long. There’s a general outline that a judge is going to give both sides after it starts, through what’s called a Scheduling Order. This usually includes a cutoff date for discovery, but that can be extended or shortened depending on how things progress. The question, then, is what happens after discovery in your accident case? The answer, most of the time, is that your case either wraps up or goes all the way to trial:
- Mediation – This is a meeting where both sides try to settle the case with help from a neutral person called a mediator. The mediator doesn’t decide who’s right but helps both sides find common ground to agree on a fair outcome. It’s often faster and less stressful than going to trial.
- Negotiation – Throughout the entire claim, our team and the other side’s lawyers can–and usually do–talk directly to try to agree on a settlement. We use the evidence from discovery to push for the damages you’re owed. Most cases are resolved during mediation or negotiation, so you don’t have to go to trial.
- Trial – If the case doesn’t settle, it goes to trial with a judge and jury deciding the outcome. Trials are hugely expensive and while our team will put together the strongest possible case for you, it’s ultimately a gamble. Regardless, we’ll use discovery and everything else to support you.
No matter which stage your case reaches, our team will guide you every step of the way to get the best possible outcome.
Trust Maison Law for Your California Accident Case
When you file a lawsuit after an accident in California, there are specific steps your case will follow–none of which are more important than discovery. This phase is designed to get you the information you need to back up your claim, but having our experienced legal team by your side is just as important. At Maison Law, we’ll guide you through every step of the process, making sure you’re fully prepared and equipped to get the damages you need to get better, like:
- Medical expenses
- Lost wages
- Repair/replacement costs for your property
- Pain and suffering
- Emotional distress
- Reduced quality of life
If you want to explore your legal options, you can trust our team’s experience and guidance. Contact us today for a free consultation.
