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The role of discovery in lawsuits

| May 9, 2019 | Car Accidents |

Being injured in a car accident can wreak havoc on the victim’s life and the lives of their loved ones. While the victim is trying to recover from their injuries, they are also struggling with medical bills, most likely while taking time off work to recuperate. These costs add up, and when they are caused by someone else’s negligence, it might be possible to hold the negligent driver responsible for their role in the crash.

When a Denver resident begins pursuing a lawsuit against a negligent driver, they have the right to conduct discovery. This means conducting an investigation to learn more about the case. This is an essential step before the trial begins, as it allows both parties to gather facts and evidence that can structure their tactics at trial.

Discovery involves issuing subpoenas to collect relevant documents and taking statements from witnesses in the form of depositions. Deposition of a living breathing witness takes place outside the court and a lawyer’s ability to object to the type of questions being asked is limited. Although they are not generally allowed at trial, they can be used if someone admits to something against their interest or if their testimony at trial contradicts their deposition. Even when it is not used in court, it can help shape trial strategy, as it gives each side a picture of what the other side will be arguing in court.

The discovery process is an important one, but it is important to move fast to ensure a witness’s memory or recollection is as accurate as possible. Consulting an experienced attorney for guidance may be one way to discuss one’s options for pursuing justice against a reckless driver.

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