Quick Knowledge: What is Discovery?

August 21, 2026

Discovery is the process of gathering information. In a personal injury case, once a lawsuit is filed, the court allows a period of time for the parties to “discover” information from the other side and other sources. The discovery must be completed within certain time limitations. Below are some of the main types of discovery that take place in a lawsuit:

• Written discovery: Written discovery includes form interrogatories, special interrogatories, request for the production of documents and request for admissions. Each of these is essentially written questions that each side must answer at the request of the other side of the lawsuit.
• Depositions: This is a question and answer session where the other side gets to ask you questions related to the claim. A deposition is taken in front of a court reporter who swears the witness in. This is the same oath that is taken in court and deposition testimony has the same weight and effect as testimony in a court room. A deposition is intended to be used in preparation for and in the trial. Depositions can be taken of the parties to a case, witnesses, experts and anyone else who may have relevant information about a case.
• Expert Discovery: Experts are often essential in proving your case. Experts are defined as anyone who possesses special skill or knowledge in some science, profession or business which is not common to the average person and which is possessed by the expert by reason of his/her special study or experience. Experts in personal injury cases often include doctors, economists, accident reconstructions, human factors experts, biomechanical engineers, highway design experts and safety experts. However, depending on the facts and issues in a case, there can be any number of different experts that are needed.
• Defense medicals: The defense likes to call these “Independent Medical Examinations” or IME’s for short. These doctor visits are anything but independent. The law allows the defendant to have a plaintiff examined by a doctor of their choosing who is allowed to perform a physical examination of the plaintiff. These doctors are paid for by the defendant and will usually provide them with opinions that are beneficial to them. This is one of the many reasons it is important to have an experienced personal injury attorney on your side to limit any harm these defense medicals may have on a case.

Maintaining records and evidence of an accident are a crucial part of discovery. Knowledge is power when it comes to getting all the facts necessary to build a case!