Discovery

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If you were injured in an accident in Seattle, Washington, like a car accident or slip and fall, you may be entitled to compensation through a personal injury claim. If your claim becomes a lawsuit and ends up in court, your case may need to progress through the various stages of the litigation process, including discovery.

Learning about how discovery works is key to building a successful case and securing the full amount of compensation you need and deserve. This legal phase allows both sides to exchange crucial information, giving your attorney time to investigate, strengthen your claim, and expose weaknesses in the opposing party’s case.

What Is Discovery?

Discovery is the formal process by which parties to a lawsuit obtain information and evidence from each other before trial. Governed by the Washington Superior Court Civil Rules, discovery allows both the plaintiff and defendant to “discover” facts, documents, and testimony that are relevant to the case.

Some goals of this process are to avoid surprises at trial, encourage settlements, and ensure that each side has access to the evidence it needs to prepare its case. Discovery is not optional, however, meaning both parties are legally obligated to comply with reasonable discovery requests unless protected by a valid legal objection (such as attorney-client privilege).

Tools of Discovery in Washington State Personal Injury Cases

Washington law provides several discovery mechanisms to gather evidence in civil lawsuits.

Interrogatories

Interrogatories are written questions that one party sends to another. 

These questions must be answered under oath and can cover a broad range of topics, such as:

• Facts surrounding the incident
• Names of witnesses
• Details of injuries and medical treatment
• Insurance coverage
• Statements made by the opposing party

In Washington, each party is limited to serving a certain number of interrogatories, depending on the specific facts of the case, and is subject to any local court rules that may vary by county.

Requests for Production

These requests require the other party to produce documents, photos, medical records, bills, repair estimates, and any tangible items related to the case. You can also request access to electronically stored information (ESI) such as emails or social media posts that may be relevant.

Requests for Admission

This tool is used to narrow the issues for trial by asking the opposing party to admit or deny specific facts. For example, the defendant may be asked to admit that they were cited for a traffic violation related to the accident.

These admissions, if granted, streamline the process by removing undisputed elements from contention. Conversely, denials necessitate further investigation and evidence gathering, clarifying the points of disagreement that will be the focus of the proceedings.

Depositions

Depositions involve live, sworn testimony from parties or witnesses, recorded by a court reporter. Attorneys from both sides are present and can ask questions. Depositions are one of the most powerful discovery tools available in personal injury litigation.

These allow lawyers to:

• Assess the credibility of witnesses
• Pin down facts
• Identify inconsistencies
• Develop a trial strategy

Deposition testimony may also be used at trial in some circumstances, such as if a witness is unavailable.

Independent Medical Examinations (IMEs)

If your injuries are in dispute, the defendant may request that you undergo an IME by a doctor of their choosing. While these exams are meant to provide an objective view of your injuries, they are often used to challenge the extent of your claimed damages. 

However, note that you have the right to have your attorney present at the exam and to request a copy of the resulting report.

What Happens if a Party Refuses to Cooperate With the Discovery Process?

If a party in a Washington personal injury case fails to comply with discovery, the opposing side can move for an order compelling discovery. The court may order the non-compliant party to provide the requested information and, in some cases, impose sanctions, including fines or even dismissing claims or defenses.

How Discovery Impacts Settlement and Trial

Discovery plays a critical role in settlement negotiations. When strong evidence is uncovered, such as an admission of fault in a deposition or clear video footage, it often motivates the opposing side to settle the case before trial. 

If discovery reveals weaknesses in your claim, it can help you make informed decisions about whether to proceed or accept a settlement offer.

Contact Davis Law Group Car Accident and Personal Injury Lawyers Today for a Free Consultation With a Seattle Personal Injury Lawyer

Discovery is one of the most important phases of a personal injury case under Washington State law. Having the experienced team from Davis Law Group Car Accident and Personal Injury Lawyers on your side during this phase can help you prepare for the legal process in court.

If you’ve been involved in an accident that was someone else’s fault and intend to file a lawsuit, contact our Seattle personal injury attorneys today to schedule a free consultation.