What Is Discovery and How Does It Work in a Kentucky Personal Injury Lawsuit?
After filing a personal injury lawsuit in Kentucky, whether after a car accident, slip and fall, or another accident, you can expect your case to go through several stages. Your case will not directly move to trial. One of the most crucial pre-trial stages is the “discovery” phase. Simply put, discovery allows both sides to exchange information and evidence. The discovery phase can be a valuable tool for your attorney to determine how the defense plans to fight your case and gather evidence they can use to prove your case. Below is what you need to know about how the discovery phase works in a Kentucky personal injury lawsuit.
What Is Discovery?
In a personal injury case, discovery is the formal process by which the plaintiff and defendant gather and exchange evidence and information related to the case. This process is governed by the Kentucky Rules of Civil Procedure. These rules outline the types of discovery available, what can be discovered, and the procedures for conducting discovery.
Discovery aims to eliminate surprises at trial and allow each side to build a strong case. Through the discovery phase, your attorney will find out what the defense knows, what evidence they intend to present, and which witnesses might testify. The discovery phase can help your attorney develop the best strategy for proving your case and securing the compensation you deserve.
The Types of Discovery in Kentucky Personal Injury Cases
Different forms of discovery can be used in your Kentucky personal injury case. Here are the most commonly used types of discovery;
Depositions
Depositions are formal question-and-answer sessions in which deponents (the individuals being questioned) provide their answers under oath. Attorneys ask the questions, and a court reporter transcribes everything that is said. You (the plaintiff), the defendant, any eyewitnesses, and expert witnesses will likely be deposed. Depositions enable attorneys to gather and preserve testimony before trial, and assess the credibility of witnesses.
Interrogatories
These are written questions from one side to the other that must be answered in writing under oath. Questions may cover information such as your account of the accident, the nature and extent of your injuries, your medical treatment, and the impact of the injury on your life.
Requests for Admissions
This is a list of statements that one side asks the other to either admit or deny. Requests for admissions can be used to try to get a party to admit to specific facts that would be helpful to the requesting party or confirm that specific facts are undisputed in the case.
Requests for Production
This tool requires one side to produce documents for the other side. In a Kentucky personal injury case, several types of documents may be requested, including;
- Medical records and bills
- Repair receipts
- Pay stubs showing lost wages
- Insurance policies
- Accident reports
- Expert witness reports
- Pictures of the accident scene
The discovery phase can be lengthy and complex. An experienced Kentucky personal injury attorney can help you navigate the process effectively. From ensuring you meet deadlines to handling objections, an attorney can make a significant difference in the outcome of your case.
Contact Us for Legal Help
If you’re dealing with a personal injury case in Kentucky, don’t navigate the legal process alone. Contact our skilled London & Southeast Kentucky personal injury attorneys at Cessna & George Law Firm for guidance throughout the process and help in fighting for your deserved compensation.
Source:
govt.westlaw.com/kyrules/Browse/Home/Kentucky/KentuckyCourtRules/KentuckyStatutesCourtRules?guid=N2C3C8B00A79211DAAB1DC31F8EB14563&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)
