Frequently Asked Questions About the Discovery Process in Civil Lawsuits
Montlick & Associates Personal Injury Lawyers Answer Your Questions About the Discovery Process in Civil Lawsuits
The discovery process in a Georgia personal injury lawsuit may be time-consuming, tedious, invasive, and even seem like a harassment technique to get you to quit. As a plaintiff in a Georgia legal claim, it is important to remember that discovery is a significant part of the progress of a lawsuit, even if it is annoying. You also can rest assured that your attorney generally has an equal opportunity to pose questions to the people who caused your injury, request evidence that may have some relevance to your case.
I am nervous about discovery. How will I get through it?
One of the keys to surviving the discovery process in a suit for damages is having the proper mindset. The insurance company's lawyers are trying to determine the relative strength of your claim and evaluate how good, that is, how persuasive of a witness you will make before a jury. Insurance companies do not want a Georgia jury to see a highly credible and sympathetic plaintiff who suffered severe injuries and whose claims are supported by substantial evidence to testify. However, during your deposition, it may become clear that this can happen and increase the likelihood that your case is resolved before trial.
Having the right personal injury attorneys on your side can be a key to successfully navigating the discovery process in a Georgia lawsuit. The Georgia personal injury attorneys from Montlick & Associates have over 36 years of fighting hard on behalf of our injured clients to maximize their monetary recovery under the law.
What is Discovery?
Discovery in a Georgia personal injury lawsuit is the process by which parties exchange information about their side of the case. Trial by ambush was eradicated a long time ago and was replaced by rules which are supposed to martial the exchange of information upon request from the other side in a reasonable way.
Discovery has several forms. The Georgia Civil Practice Act controls each method of discovery. The most common discovery methods in Georgia are:
- Requests for Production of Documents,
- Requests for Admissions,
- Taking depositions, and
- Seeking leave of court to have a plaintiff or defendant submit to a physical or mental exam.
The general rule of discovery states that the request must reasonably lead to the discovery of admissible evidence. However, the rules allow either side to pursue sanctions for abusive discovery practices and for failing to comply with the process.
If I am the plaintiff, why did the defense ask to depose my spouse?
In many cases, some of the most compelling evidence about how your injury has endured and altered the quality of your life will come from those who know us best and are closest to us. Your spouse is in an excellent position to tell the jury about how your lives have changed since you suffered your injury. Testimony from your spouse can include the day-to-day suffering in pain and agony you have endured as well as how your interaction with your children changed, and how your finances have suffered since your accident.
Put Our Law Firm's Over 36 Years Of Legal Experience To Work For Your Case!
If you have been injured in any type of accident caused by someone else’s negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 36 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.
No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at Montlick.com and use our Free Case Evaluation Form or 24-hour live chat.
Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333