What Is “Discovery” in Illinois Personal Injury Cases?

Discovery is one of the most important steps in Illinois personal injury cases. It’s the stage in a lawsuit where the parties exchange the evidence they’ve gathered, giving each side a chance to evaluate the strength of their opponent’s case and prepare for a potential trial. Discovery can also set the stage for additional settlement negotiations, as one or both sides may find a settlement more appealing after exchanging evidence.

We believe knowledge is power at Holley, Rosen & Beard, LLC, and we want you to know everything that might happen in your personal injury case. The following is more information about how the discovery process works, why it matters, and how our attorneys can help you prepare for this critical stage of your claim.

What Happens During Discovery?

Discovery in a personal injury case largely involves both sides exchanging the evidence they’ve already obtained and requesting more information from their opponents. Some actions your lawyer might take during discovery include:

• Requests for documents: To strengthen your case, your lawyer will request key documents such as medical records, accident reports, and other evidence. These documents help establish the basic facts of the case and help prove the extent of your injuries and losses. For example, medical records can illustrate how an accident happened and any long-term complications you might experience in the future.
• Depositions: Depositions are interviews conducted under oath. The people interviewed could be the other party, witnesses to the accident, or experts. The purpose of the deposition is to gather statements your attorney can later use in court. These interviews allow your lawyer to uncover new information and challenge inconsistencies in the other side’s story.
• Interrogatories: An interrogatory is a set of written questions your lawyer sends to the other party that they must answer truthfully under oath. Interrogatories help clarify the opposing party’s version of events, giving your lawyer insight into their defense strategy.
• Requests for admissions: Lastly, your lawyer may ask the other party to admit or deny specific facts, which helps narrow down the issues. This process simplifies the case by eliminating areas of dispute, allowing your lawyer to focus on the critical aspects of your claim.

Why Discovery Matters in Illinois Personal Injury Cases

Discovery plays two vital roles in Illinois personal injury cases. First, the process gives your lawyer a chance to review the other side’s evidence and legal strategy. With this information in hand, your lawyer can craft a compelling strategy and find weaknesses in your opponent’s legal arguments.

Second, the discovery process frequently brings both sides back to the settlement negotiation table to avoid a costly and unpredictable trial. Once both sides have a better sense of their opponent’s arguments and evidence, they can resume settlement negotiations and attempt to resolve the case without going to court.

Your Lawyer’s Role During Discovery

During discovery, your lawyer will carefully gather and evaluate the other side’s evidence, looking for weaknesses or inconsistencies. This preparation allows them to anticipate the defense’s arguments and develop a strategy that strengthens your case and maximizes your chance of a favorable outcome. There are also vital deadlines to meet during discovery, and your attorney can make sure you submit and receive the necessary documents on time.

In addition, your personal injury lawyer can protect you from making costly mistakes during discovery, especially during depositions. They’ll coach you on how to answer questions truthfully without giving the opposing side unnecessary ammunition. Your lawyer will also handle all requests for documents and interrogatories to make sure you only provide information the Illinois Supreme Court Rules require.

Contact Our Illinois Injury Attorneys Now

The team at Holley, Rosen & Beard, LLC can handle all the complex legal work in an Illinois personal injury claim, including the discovery process. We know what evidence to look for and how to protect your rights while avoiding errors that could hurt your case. Call us today at (217) 544-3368 or complete our contact form for a free case review.