This is the fourth post in our series on dealing with car accidents in Atlanta, Georgia. Our last article provided information on the role that comparative negligence or comparative fault plays in a car wreck. We also discussed the need to speak with an attorney even if you believe you were partially at fault for the accident. In this article we will discuss what the discovery process consists of in these cases. If you require assistance, contact our office today to speak with an attorney.
Discovery is the process by which parties to a lawsuit obtain information from one another. Almost every lawsuit begins with this process with each side requesting specific information from the other. Plaintiffs can often obtain invaluable evidence through discovery. For example, a plaintiff interested in having the defendant admit to certain facts on the record may serve the defendant with a request for admission. This is a series of questions to which the defendant can admit or deny a particular fact. Another form of discovery is interrogatories. Interrogatories are a series of questions that will ask the defendant for general information, including what evidence defense intends to present at trial. The plaintiff’s attorney may also wish to request documents from the defendant that are vital to the case, such as driving and phone records. The defendant may even be asked to answer questions given by an attorney in the form of a deposition. Answers given in a deposition are considered to be sworn testimony and are on the record, just as if the defendant were answering before a judge and jury.
Compiling the aforementioned evidence is crucial in the case of an automobile wreck because there may be multiple people involved with differing versions of the events. For example, suppose there is an accident involving two vehicles and each vehicle was holding three passengers. One of the passengers in the plaintiff’s vehicle noticed that the defendant was texting just as the accident occurred. However, the defendant and his or her passengers deny the accusation. Through the use of discovery, your attorney can request the defendant’s phone records to see if a text was in fact sent during the time in question.
Remember that it is important that your attorney begin the discovery process as soon as possible. There are typically strict deadlines given by the court for when discovery may commence and when it must be completed. Your attorney will ensure that all relevant evidence is preserved in time for trial through the use of thorough investigation. This is why it is imperative that you retain counsel immediately after you have been involved in a car accident.
Contact our office today to speak with an Atlanta lawyer if you require assistance. We service the greater metro area, including Macon, Savannah, Athens, Kennesaw, Marietta, Decatur, Dunwoody, Stone Mountain, Tucker, Alpharetta, Roswell, Sandy Springs, Duluth, Lawrenceville, Lilburn, Norcross, Gainesville, as well as the counties of Bibb, Chatham, Clarke, Cobb, Dekalb, Fulton, Gwinnett, and Richmond.