Discovery

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How is “Discovery” Used in Personal Injury Law?

If a personal injury claim cannot be settled out of court, the plaintiff and defendant will start the pretrial process. A part of that process is the discovery phase. During the discovery phase, each side can file requests for various materials and evidence that can help them support their case or disprove the opposing side’s case. These materials can include:

Depositions: Witnesses or other party answers questions under oath.
Requests for Production of Documents: Written requests from one part to another to receive relevant documents that pertain to the case.
Request for Admissions: When one party requests that the other party admits or denies truth of a statement or validity of a document or piece of evidence under oath.
Interrogatories: Written questions one party sends to another. The answers to these questions are binding court and can be brought up during questioning or cross examination, should different answers be given on the stand.

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Famous Cases “Discovery” Was Used

Liebeck v. McDonald’s Restaurants

Stella Liebeck suffered third-degree burns from McDonald’s coffee that spilled on her lab and thighs. Liebeck sued McDonald’s for $20,000. During the discovery phase in pretrial, the plaintiff’s lawyers found that McDonald’s restaurants required their water temperatures to be nearly 50 degrees hotter than other restaurants. Additionally, documents proved that McDonald’s restaurants had over 700 complaints from the hot coffee, including several scalding and burn claims that the corporation settled for.

When is “Discovery” Used in the Legal Process?

After the plaintiff and defendant cannot come to an out-of-court settlement and the case goes to trial, the discovery phase happens during pretrial.

Is “Discovery” Used in Kentucky Personal Injury Law?

Yes! Court systems in Kentucky include a discovery phase. The scope of discovery is included in the Kentucky Rules of Civil Procedure.

Is “Discovery” Used in Tennessee Personal Injury Law?

Yes! Tennessee court systems have a discovery phase. General provisions governing discovery can be found in Rule 26 of the Rules of Civil Procedure.

How Does Hughes & Coleman Injury Lawyers Use “Discovery”?

Should your case go to trial, the personal injury attorneys at Hughes & Coleman will gather evidence and assess the evidence of the other side. Should we feel as though any evidence or witness statements need more clarification, we will submit requests for additional documents that may be relevant to your case, additional depositions, or interrogatories.

In addition to requesting elements for discovery, we will also supply items in any discovery requests the defendant’s legal team makes. Should you need to go in for a deposition, your personal injury lawyer will join you to ensure your rights are protected throughout the deposition process.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About Discovery

Do most personal injury cases settle after discovery?

While there are personal injury cases that go through the entire trial process, some personal injury cases may lead to settlements during the discovery phase or after the discovery phase is complete. This can happen for multiple reasons, including the plaintiff changing their mind about pursing a long trial, or either party realizing there isn’t enough evidence to ensure a positive result in front of a jury.

What does it mean when a case goes into discovery?

When a case goes into the discovery phase, the plaintiff’s team and defendant’s team share evidence that allows them to create their case and support their positions.

Does discovery lead to a settlement?

Discovery doesn’t always lead to a settlement, but discovery can lead to a settlement as each side gets more evidence.

What happens if evidence isn't presented at discovery?

If requested evidence isn’t presented during discovery, the case can be stalled and the side that isn’t providing evidence can be sanctioned.

How does discovery affect a personal injury case?

The discovery phase can affect a personal injury case in many ways. This includes the fact that more evidence and use of third-party experts can change either party’s arguments. Additionally, one party or the other may become more willing to settle during or after the discovery phase.