If you file a personal injury lawsuit in Nevada, your lawsuit moves through the court in several phases. An important phase in a personal injury lawsuit is the discovery process. Discovery provides tools the parties use to gather additional information and evidence they can use to prove their case.
After discovery, the parties better understand the case’s facts. They also have a clearer idea of their case’s strengths and weaknesses. This knowledge often encourages one or both sides to return to the negotiating table to work out a reasonable settlement agreement instead of taking the case to trial.
What Types of Discovery Are Used in a Las Vegas Personal Injury Lawsuit?
The discovery process is governed by federal and Nevada Rules of Civil Procedure. These rules provide a framework for discovery, including how the parties must respond to requests.
For example, responses to most discovery requests must include a sworn statement that the information is complete and correct to the best of the party’s knowledge. The rules also contain deadlines for responding to discovery and limits on the amount of discovery without a court order.
The discovery tools Las Vegas personal injury lawyers use include, but are not limited to:
Interrogatories
Interrogatories are questions posed to the other party in a lawsuit. They must be answered under oath. Interrogatories can provide new evidence or avenues to pursue before trial. They also provide a list of witnesses that the other party intends to call during the trial.
Depositions
A deposition is sworn testimony outside of court. The rules are more relaxed during depositions than in court, so attorneys often gain more information through depositions than they would with a witness on the stand. You can depose the other party in the personal injury lawsuit, their witnesses, experts, and other parties with information relating to the case.
Requests for Admissions
Requests for Admissions are useful in a personal injury case. The requests narrow the issues to be tried in court, speeding up the process and the trial.
The request contains a list of statements. The responding party either admits, denies, or states they do not have sufficient information to admit or deny the statements. The answers are given under oath.
Subpoenas
A subpoena is a court order requiring someone to provide documentation and information. For example, you may subpoena credit card statements to prove a driver had been drinking heavily before the accident. You might subpoena the cell phone records of a driver to prove they were texting at the time of the car accident.
Subpoenas are also used to require people to appear for a deposition. You may subpoena the opposing party’s expert witnesses for a deposition to learn what the expert intends to testify to in court.
Request for Production of Documents
The other party must provide the documents you request unless they have a legal reason to withhold the documents. They must provide their reason for not providing the document in response to your request.
For example, a document may contain privileged information. If so, the court may block that request if the opposing party challenges it. Requests to Produce continue through the trial. If a party comes into possession of a document you requested, they must notify you.
How Long Does the Discovery Process Take in a Las Vegas Personal Injury Case?
Each personal injury case is unique. The discovery process could take several weeks or several months. Complex cases involving issues related to medical malpractice, product liability, and wrongful death often involve lengthy discovery phases.
The time it takes to respond to the requests is another factor in the timeline for your personal injury case. The court may allow additional discovery requests in some instances. Therefore, it may take longer to complete discovery. Extensions may be granted to respond to discovery requests, which add to the timeline as well.
You do not want to rush discovery. The information and documentation you receive during discovery can help you win your case. Therefore, your Las Vegas personal injury lawyer may spend a great deal of time on discovery matters to gather additional evidence to strengthen your arguments.
Should You Hire a Las Vegas Personal Injury Attorney for Your Case?
If you are unsure whether you need a lawyer, it’s at least in your best interest to find out whether hiring one is in your best interest. Call our office at (702) 710-8271 for a free consultation with a Las Vegas personal injury lawyer. You are under no obligation to hire our firm after discussing your case.