After a car accident, a lawsuit against a negligent driver is intended to obtain a settlement from their insurance company. An important part of any lawsuit is discovery; the car insurance policy of the defendant is reviewed and analyzed to determine if your damages are covered and how much you can get paid. The discovery phase also determines the strengths and weaknesses of your case. It can be complex and time-consuming, but Fund Capital America offers insurance discovery services to simplify the process.
What Is Discovery?
During the discovery phase, your attorney and the negligent driver’s insurance company’s attorney exchange information. Your legal representative will disclose information they have about your case. They will also learn about the defenses the insurance company is working on. These defenses are often intended to justify denying or reducing the claim.
The process can be intentionally complex to convince a claimant or plaintiff to back down. But a skilled attorney knows how to proceed with each step. First, your lawyer will file a complaint on your behalf. It will be presented to the court, and the negligent driver will receive a copy to forward to their insurance carrier. Discovery typically begins when their attorney files an answer to your complaint and your attorney receives it.
Types of Discovery for Car Insurance Claims
The discovery process can take many months. While the evidence may seem obvious, many details must be reviewed on both sides. Plus, there’s time-consuming paperwork and formalities. Different types of discovery may also be used. In a car accident case, your attorney can use the following options:
Interrogatories
These are written questions a lawyer will instruct the other party to answer. They are intended for the client. However, some questions can only be answered by an attorney. They will prepare all the answers to the interrogatory questions received.
Each answer must comply with court rules. If an interrogatory isn’t precisely answered, the court can dismiss the case. The client and their attorney must work together to answer the interrogatories as best they can. And since the answers become part of a formal legal document, the attorney must revise and edit them carefully. These statements bind the client to their stated position.
Document Requests
A request to produce documents is used to obtain key information from the other party. It can include the driver’s insurance policy. But medical bills, expert witness reports, and documentation of lost wages can also be requested. The attorney must translate complex legal language so the client understands what is expected. As they review the list of requests, a lawyer will advise their client on which documents to produce.
Subpoena
If documents are needed from a third party not involved in the suit, a subpoena is issued to obtain them. An attorney must convince the court to issue a subpoena. It may request information from the insurance company, medical records (the injured party’s and of the negligent driver’s), employment records, and results of blood alcohol content tests.
Depositions
Other types of discovery are often used before a deposition occurs. However, a deposition is the most important part of the discovery process. It’s essentially an in-person question-and-answer session with the plaintiff and their attorney present. The insurance company sends a representative to meet the plaintiff and see how they present their case. A lack of preparation and appearing uncomfortable can reduce the case’s value.
The deposition is recorded by a court reporter and transcribed into a written document. Information obtained from a plaintiff, witness, negligent driver, treating doctor, or other party can be used in a trial or any other court appearance. Preparing for one or more depositions can require time and patience.
Fund Capital America Knows the Challenges of Discovery and Car Insurance
The discovery process is time-consuming for attorneys and plaintiffs. At Fund Capital America, we take some of the load off by researching policy limits and other details. Our diligent staff can produce results within days. To learn more about our car insurance discovery, legal funding, and other services, reach out to us online or call (855) 870-2274 today.
