If you’ve been injured by a dangerous medication, then you’re looking for accountability and compensation to offset your losses, which can be quite extensive. Although you may know that you need to pursue legal action in order to try to attain your goals, the truth of the matter is that the legal process is mystifying to many victims.
In today’s post, we want to give you a little insight into one key aspect of your dangerous drug litigation: the discovery process.
What is the discovery process?
Discovery is the pre-trial process in which you obtain information from the other side. This usually includes seeking out key records and witness accounts. Engaging in thorough discovery will give you the knowledge that you need to not only build your claim, but also to anticipate and counter any defenses that may be thrown your way.
What does the discovery process entail?
There are many aspects of discovery. Here are some of the most important:
- Requests for production: This is a formal request that you send to the defendant asking for documentation. While you’ll need to be a little specific in your request, you can cover a lot of ground with it. Typically, the defendant will then have a specified period of time to turn over the requested documentation, and if the defendant doesn’t abide by that timeline, then you can ask the court for an order compelling compliance.
- Requests for admission: You can also send a document to the defense asking them to admit to certain facts. This can help tailor the focus of your litigation, saving you time and money. And if the defendant denies a fact that you later prove to be true, then you may be able to seek sanctions against the defendant.
- Interrogatories: These are usually written questions that are sent to the opposing party, requiring a written answer. These questions can help you identify witnesses and other key pieces of information that need additional follow up. You might get objections to some of these questions, but you can turn to the court for guidance if you can’t work out an agreement with the other side.
- Depositions: This is the process of obtaining sworn testimony prior to trial. Depositions are taken outside of court but are still formal even though they may seem a little more laid back. A deposition can help you gauge how a witness will testify, learn what information he or she knows, and lock the witness into his or her testimony. That way, if the witness says something inconsistent at trial, you can use the depositional testimony to point it out. This can help you attack witness credibility, which can be a crucial strategy in a jury trial.
Do you need an advocate who can navigate the logistics of your claim?
There are a lot of nuances to tort litigation. And making a mistake or lacking thoroughness when addressing any of them can put your claim at risk. That’s why it’s wise for you to put in the work necessary on the front end to position yourself for success on your dangerous drug claim. If you think that you could benefit from assistance in doing that, then now may be the time for you to reach out to a proven legal professional to discuss your case further.