Discovery in a personal injury case

In plain English: discovery is the stage of a lawsuit where each side has to hand over relevant information, documents and testimony, so both know the evidence before trial.

What happens during discovery

• Written questions (interrogatories in the US) that you answer under oath.
• Requests for documents: medical records, bills, tax returns, pay slips, photos, phone records and sometimes social media.
• Depositions: sworn interviews with a court reporter present. See deposition.
• Medical examinations by a doctor chosen by the defence. See IME.
• Requests to admit certain facts, which narrows what has to be proved at trial.

Different names in different places

In England and Wales the equivalent stage is called disclosure, and parties exchange witness statements and expert reports under the Civil Procedure Rules. In Canada, oral questioning is called an examination for discovery.

How long it takes

Often several months to more than a year, depending on the court, the number of parties and how many experts are involved. Many cases settle during or just after discovery, once both sides see the evidence.

How to prepare

• Gather your medical providers, employers and insurers for the past several years. You'll likely be asked.
• Answer truthfully and consistently. Inconsistencies between your answers, medical records and any surveillance are what hurt claims.
• Don't delete social media posts or messages once a claim is underway. That can be treated as destroying evidence.
• Tell your lawyer about prior injuries and claims before the other side finds them.

Related: litigation · surveillance evidence · insurance claim vs lawsuit.

Related terms