After a lawsuit is filed in an Oregon personal injury case the “discovery” phase of the case begins. During discovery, attorneys from both sides share information pertinent to the personal injury claim. This information will help both parties prepare for trial and determine if reaching an out-of-court settlement is possible.
Privileged information, including private conversations between a client and their attorney, the attorney’s work product, and trial preparation materials, is protected from discovery in a personal injury case. Additionally, discovery is limited to matters relevant to the case. While discovery in personal injury cases can take several forms, discovery in the state of Oregon typically includes:
- Request for Production – Documents sent from one attorney to an opposing attorney that request copies of documents, photos, bills, records, reports, or any other form of evidence.
- Request for Admissions – Parties are required to admit certain facts to the opposing party under oath; these admissions are useful as a way to prove obvious facts.
- Depositions – Along with written discovery, oral questions may be asked of the involved parties. Depositions take place outside of court; during a deposition plaintiffs and witnesses are examined and cross-examined under oath.
- Medical Examinations – An important part of a personal injury case is testimony from medical professionals who were involved in the case; this evidence shows the jury what injuries the victim suffered, how they were incurred, and how they’ve impacted the plaintiff’s daily life.
- Interrogatories – Written questions sent from one attorney to the other party; these questions are answered under oath and must be answered within a certain amount of time. (ONLY IN FEDERAL COURT)
The discovery process of a personal injury case should never be taken lightly, as the opposing side will do everything possible to challenge your story and discredit your character. Don’t hesitate to contact an Oregon attorney at Nelson MacNeil Rayfield to find out more information about your specific case and protect yourself. Call us today at 877-928-9147 or fill out the form and we will respond to your personal injury claim.