The Discovery Process Of A Personal Injury Accident Case

The discovery process in a personal injury case is an incredibly important one, and this is the process where both parties will be able to formulate questions for one another as well as disclose records, documents and other evidence to be used in the case. The discover process is done pre-trial, and this can help to set the stage for the compensation you’ll be able to receive after experiencing an accident resulting in personal injury. During the discovery process, the help of a skilled Florida personal injury lawyer is vital, as he or she will be able to guide you through the process, educate you on what questions should be presented, and let you know just what evidence should be sought, thereby helping you to have a more successful and fair trial.

Collecting Evidence For The Discovery Process

In personal injury cases, there are various pieces of evidence that should be collected, and your personal injury lawyer can help you in determining just what they are as they pertain to your individual case. Some things that should always be collected as evidence in personal injury cases are:

  • • Medical documents and records

  • • Medical bills and expenses

  • • Photographs of the accident scene

  • • Witness accounts

  • • Any police reports associated with the case

While these are just a few pieces of evidence to seek, there could be others that should be collected depending on your individual case. Your lawyer will go through all evidence with you in order to make sure every piece is accounted for, as well as bring to light other types of evidence that may be deemed useful.

The Discovery Process And Comparative Negligence

In the state of Florida, comparative negligence laws are observed, and these laws mean that you could be deemed partially responsible for your injuries. When it comes to the discovery process, the evidence you present and the questions you ask can greatly influence the amount you may be deemed liable, and this can result in either much higher or much lower compensation amounts.

With comparative negligence, a judge or jury will determine percentage amounts as they relate to fault in the accident, and the percentage you are deemed responsible will be deducted from your compensation amount. For example, if you were deemed 25% responsible for your injury, 25% of your compensation reward will be deducted from the overall settlement amount.

Through the discovery process, however, asking the right questions and presenting the right evidence to prove that you were not at fault, or less at fault, for your injury can allow you to receive greater compensation, and your personal injury lawyer can walk you through just what you need, evidence-wise, in regards to maximizing your compensation reward.

Questions Presented During The Discovery Process

The questions that you present to the opposing party, and the questions that are presented to you, may revolve around every aspect having to do with your case. These questions, or interrogatories, must be presented in a written form, and all questions must be responded to unless you or your lawyer deems them inappropriate or improper, and these may be objected to.

During the discovery process, both parties may even agree to mediation in lieu of a trial, and mediation will allow you to settle the personal injury case out of court. In cases of mediation, an unbiased third party is brought into the case to help both litigants come to a compensation settlement agreement.

In personal injury cases, the discovery process is an undoubtedly important one, and one that is best carried out with the assistance of a Florida personal injury lawyer. At, we have the skilled lawyers you need to ensure your discovery process goes well, and if you’re looking for representation in your personal injury case, all you need to do is contact us today!

David Goldman

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has lead him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.



Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


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