What to Expect During the Discovery Phase of a Texas Injury Lawsuit

Before a personal injury case goes to trial, it must go through different stages, including the discovery phase. In discovery, both parties to a lawsuit gather evidence to build their arguments. If you’ve never been involved in an injury lawsuit in Texas, this might feel overwhelming, especially if you don’t know what to expect.

To help you understand what happens during the discovery phase of a Texas injury lawsuit, we’ll break down the steps and explain what you can expect and what is expected of you during the process. Our team at Terry Bryant Accident & Injury Law can help you understand the process as well as your rights and responsibilities during the discovery phase.

Beyond this, we will guide you during the personal injury lawsuit, ensuring you make decisions that benefit your case. Our initial consultation is free, during which we will attentively listen to you and evaluate your potential claims. We work on a contingency fee basis, meaning you don’t pay us unless and until you have a successful recovery. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.

Why Choose Us to Represent You in a Personal Injury Lawsuit?

At Terry Bryant Accident & Injury Law, we have a proven track record of success in personal injury cases. We have years of experience navigating complex legal situations. We are board-certified personal injury lawyers with certifications in personal injury trial law from the Texas Board of Legal Specialization. We have handled lawsuit discovery for many clients, contributing to our success with verdicts or out-of-court settlements.

Regardless of the class your personal injury case falls into, there’s no doubt we have handled similar cases, giving us the unique understanding needed to secure favorable outcomes. We will prioritize your needs and provide personalized attention throughout the legal process. We are committed to fighting for your rights and maximizing compensation, so do not hesitate to contact us.

We have a reputation for being tough negotiators and skilled litigators, so you can count on us to provide quality representation. 

What To Expect During the Discovery Phase of an Injury Lawsuit

The discovery phase of a personal injury lawsuit is a critical pre-trial period where you and the defendant gather information and evidence. It is essential for building a strong case and ensuring a fair trial. During the process, we will obtain all relevant facts and evidence related to the case to prevent surprises during the trial.

The discovery phase allows us and the other side to see the strengths and weaknesses of each other’s case. This information will influence whether the case will proceed to trial or lead to an out-of-court settlement. So, what can you expect during the discovery phase?

Initial Disclosures

This is the first step in the personal injury lawsuit discovery process. During this stage, both parties will share information about the case, primarily about the accident, injuries sustained, and medical treatment received. Initial disclosures help us to understand the defendant’s legal team’s perspective and decide the best course of action.

Interrogatories

Interrogatories are written questions sent from one party to the other. The receiving party must provide answers under oath, and the questions cover different aspects of the accident, including the following:

• Details of the incident
• Injuries sustained
• Medical history and treatment
• Witness information
• Insurance coverage details
• Employment and income details
• Property damage information
• Prior claims or lawsuits
• Expert witness information
• Document requests and identification
• Admissions and denials
• Legal theories and defenses.

Depositions

Depositions are oral questions that witnesses and parties to a case must answer under oath. They are conducted outside the courtroom, in a place agreed on by both parties, usually on a virtual meeting platform (e.g. Zoom, Teams) or in a lawyer’s conference room. A court reporter records and transcribes the deposition, and the answers of those deposed are admissible in a lawsuit. Depositions are vital in the injury lawsuit process in Texas because they allow lawyers to gather testimony, assess witness credibility, and explore potential lines of questioning during trial.

The discovery phase is about preparing for trial, and at the end, both parties should clearly understand the facts and evidence and their chances of winning. 

Requests for Production of Documents

At this stage, the parties will ask each other to provide relevant documents to the case. This includes:

• Medical records
• Accident reports
• Insurance policies
• Photographs and videos
• Electronic data such as emails or text messages.

Request for Admissions

These are written requests asking the opposing party to admit or deny specific facts. They help narrow down the issues in dispute. For instance, if we ask a defendant to admit they were driving under the influence when an accident occurred, and they do, it will strengthen our case. But if they don’t, we must gather new evidence to prove their negligence. Also, requests for admissions can help eliminate facts that are not disputed, streamlining the trial.

Independent Medical Examination and Expert Witnesses

During the discovery phase of an injury lawsuit, the defendant might request an independent medical examiner (IME) to examine your injuries. This happens mostly in cases where the cause and extent of the injury are disputed. Also, both parties can call expert witnesses to provide opinions on disputed aspects of the case. We have a network of trusted experts upon whom we can call to provide insight into your case and strengthen it.

What Is Expected of You During the Discovery Process?

As a victim/plaintiff, there are certain expectations of you during the discovery process. They include the following:

• Providing Information: You must provide your attorney with detailed information about the accident, injuries, and related expenses. Being honest with your attorney and sticking to the case facts without embellishing them is very important.
• Respond to Requests: You will be asked to answer interrogatories, provide documents, and participate in a deposition. We will guide you throughout the process and ensure you do not provide information that could harm your case.

Note that both parties must share relevant information in a discovery to ensure equal access to evidence. Therefore, it is vital to maintain open communication with your attorney. You need not worry about the discovery phase — we will be with you throughout the process. We will keep you informed of the progress of your case, and your attorney is always available to discuss it.

Book a Free Initial Consultation with Us!

At Terry Bryant Accident & Injury Law, we have spent decades representing personal injury victims and helping them recover compensation from those who harmed them. When you contact us, we will examine your claim and its strengths and weaknesses and create a strategy to help you secure a favorable outcome. We will inform you of everything to expect during the claim process and answer all your questions.

We know how difficult the time after an injury is and will provide you with compassionate representation while aggressively going after the party that harmed you. We handle serious injury cases throughout Texas and will prioritize your interests. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential initial case review.