What should I expect during the discovery process of my personal injury case?
The discovery process is an important part of any personal injury case. This is the time when both sides gather information to build their cases. Depending on the case and the particular state’s laws, the discovery process can involve interrogatories, depositions, and requests for documents or other evidence. In the state of Alaska, the discovery process in a personal injury case can involve taking informal statements from witnesses, collecting medical records, and requesting financial records related to the injury. During a deposition, both the Plaintiff (injured party) and the Defendant (the other party) may be questioned under oath to determine the facts of the case. Both parties must answer questions honestly. Interrogatories are written questions sent to the other party which they must answer and return in a timely manner. These can cover a wide variety of topics related to the case. For example, questions related to liability or damages may be asked. The document request process may require either side to produce documents related to the case. These could include insurance policies, medical records, and receipts. In Alaska, the rules of civil procedure outline deadlines for the document request process. At any point during the discovery process, either side may request a mediation or settlement conference to attempt to come to an agreement. If an agreement cannot be reached, the case may go to trial.
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