I think there are actually two discovery phases because when you initially retain or see a personal injury lawyer, that lawyer should gather information in order to be well prepared for your claim. At Morgenstern & Herd, after we complete a discovery phase and evaluation when we take your case – we’ll give the insurance company and the defendant an opportunity to resolve the case without filing suit. Once formal suit is filed – and that’s what most people refer to when they talk about the discovery phase of a litigation case – then formal questions are served, and you provide answers. We help you formulate the answers. We provide those to the other side. They can ask us for documents; we ask them for documents. Once that paper discovery is exchanged, then depositions are taken where you’re sworn in as a witness and you provide sworn testimony, and that’s the discovery phase of litigation.
- During the discovery phase both sides will gather information about the case
- Then the claimant will file a formal suit
- Following this, formal questions will be served and as a group we will come up with the proper answers to these questions
Do you want to know what’s going to happen during the discovery phase of your personal injury case in Florida? Contact us today.