The discovery process is a vital part of a personal injury case that can provide crucial information and insight, allowing your attorney to strategically plan for litigation and settlement negotiations. There are specific rules that govern the discovery process in personal injury cases filed with the New York courts.

Using this process to your advantage takes legal knowledge and strategy. The attorneys at Mark E. Seitelman Law Offices have extensive experience with discovery in the context of personal injury claims, which is one of the reasons our clients trust us with their cases.

Understanding Discovery

The New York Rules of Civil Procedure, Chapter 8, Article 31 outlines the state’s discovery process for personal injury cases. Discovery begins once a claim is initiated and the parties have filed any answers or counterclaims. Both the plaintiff and defendant are required to share certain requested evidence with the other side.

Discovery can take months to complete in a personal injury case because of the amount of evidence that is often involved, as well as the time it takes to gather and review evidence. Overlooking documentation or discovery items could weaken your case. Failing to request vital pieces of information from the other side could mean you lose access to that information and cannot use it to build your argument. In short, completing the discovery process effectively is critical to your personal injury case.

Primary Types of Discovery

There are four primary types of discovery in personal injury cases:

  • Depositions
  • Interrogatories
  • Requests for Production
  • Requests for Admission

A deposition is sworn testimony outside of court. Your lawyer will arrange for a time to conduct the deposition and ask questions of the chosen person when they are under oath. New York limits depositions to seven hours for each witness, but additional time may be granted if there is a good reason.

Interrogatories are written questions that the other party must answer. The responses to interrogatories are given under oath and must be provided within 20 days of receiving the questions. New York limits the number of interrogatories to 25 per party.

Requests for production are issued to the other party to demand that they provide specific documents. The requests can be used to obtain business records, certain communications, medical records, invoices, and various other documents that you otherwise may not have access to.

When your attorney issues requests for admission, the other side is required to admit to the allegations or questions included in the requests.

Your attorney may decide to object to certain requests received from the other side or ask the court to issue a protective order that outlines what is and is not allowed in discovery. Additionally, if the other party refuses to respond to your discovery requests, the court can step in and order them to comply.

How Does Discovery Play a Role in Personal Injury Cases?

When done well, discovery provides a full and clear picture of the facts of the case. It allows your attorney to be better prepared for settlement discussions and litigation. Discovery also provides insight into your case to the other side, which is not necessarily a bad thing. This can also make them more likely to discuss a settlement if they see the strength of the evidence in support of your injury claim.

What are the Restrictions on Discovery in New York?

Aside from the restrictions regarding the number of requests and the timeframes for response, discovery is limited to relevant and unprivileged information. Examples of privileged information include attorney-client communication and some types of medical documentation. In order to be relevant, the information must prove an element of the case. New York’s Rules of Civil Procedure specifically state that each party is required to disclose all information that is material and necessary in the prosecution or defense of the personal injury claim.

Contact a Personal Injury Attorney to Conduct Discovery

The personal injury attorneys at Mark E. Seitelman Law Offices can help you issue discovery requests to the insurance company or other opposing party and respond to their discovery requests. Completing these elements of your personal injury case is essential, so contact us today to schedule your free consultation.