Discovery examinations, also known as discoveries, are an important part of the litigation process. These happen if and when you file a lawsuit. They typically happen after you’ve filed a lawsuit, the defendant has filed a defense to the lawsuit, and the parties have exchanged the relevant documents about the case. Discoveries give both sides an opportunity to ask questions about the case to the other side. Answers in discovery are given under oath. In personal injury claims, discoveries allow the defendant, typically an insurance company, to find out what happened. You will be asked questions about the accident itself, your injuries, and the impact the accident has had on your life. Your lawyer will also be allowed to ask questions to the person or company who caused your injuries. This is used to help prove legal liability for the accident.
Your lawyer will be allowed to ask about inspection and maintenance systems in a slip and fall case or about what was going through a negligent driver’s mind right before rear-ending another vehicle. Discovery examinations have other purposes as well. They permit both sides to assess the credibility of each other. How people answer questions at discovery usually indicates how they would answer questions as a witness in the witness stand at a trial. It is therefore important to be entirely honest during discovery examinations and answer questions to the best of your ability.
