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Types of Discovery in a Biloxi Personal Injury Case

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If you’ve been injured in an accident and filed a lawsuit to recover for your losses, your attorney will use discovery tactics as part of the litigation process. Discovery is intended to gather all witness and documentary evidence to support your personal injury case, obtain relevant information from the at-fault defendant, and determine trial strategy. The Rules of Civil Procedure govern the discovery process in Mississippi, both the types of discovery methods and how the parties exchange details. Your attorney can tell you more about what to expect in a Biloxi personal injury case.

Discovery Rules: The Basics

Parties may use discovery to obtain any non-privileged information that relates to the claims or defenses of either side, so it’s broad in scope. Discovery may also be used to determine the identity of potential witnesses or location of people that have knowledge of the parties’ claims and defenses. Essentially only information that’s privileged under the law, such as attorney-client discussions, cannot be sought through discovery.

Types of Discovery

In a personal injury case, discovery may include documents, electronic information, clothing, and medical records, statements of the parties or witnesses, and other details. There are certain tools attorneys use to obtain or gain access to the information.

  • Interrogatories: This method is a way to ask the other party questions about facts related to the accident. The questions are presented in writing, and the responses are delivered in writing.
  • Requests to Produce Documents or Things: Your attorney uses this discovery tactic to obtain documents or copies of documents in the possession of the other party. A request to produce usually covers medical records, police reports, written statements to third parties, and non-privileged communications.
  • Request for Admission: There may be certain facts that you want the other party to admit, usually because they’re uncontested and your attorney wants to narrow down the proof that’s required at trial. For instance, you may ask the other party to admit that it was raining, so that these questions don’t need to be addressed in the courtroom.
  • Depositions: It’s likely that you’ll be deposed as part of the discovery process, upon the request of opposing counsel. This session is like an interview, where the attorney will ask you questions about the details of the accident and your injuries. You are required to answer under oath, and there are legal implications if you provide responses that are false or misleading.

Do You Have Questions About the Discovery Process? Talk to a Biloxi Personal Injury Lawyer

Discovery is inevitable when you’ve filed a lawsuit to recover damages in a personal injury case, and an experienced attorney can tell you more about how the process works. If you’re injured in an accident, you need a lawyer that can use various discovery methods to gather information that’s critical to proving your right to compensation. The attorneys at the Law Offices of Judy Guice have years of trial preparation and courtroom experience, so please contact us today to schedule a free initial consultation to discuss your case.

Resource:

courts.ms.gov/rules/msrulesofcourt/rules_of_civil_procedure.pdf

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