Discovery in Texas: Investigate and Prepare for Trial

The vast majority of personal injury cases in Texas are resolved through settlements and do not go to trial. In rare cases, however, an insurance company does not accept a claim or offer an adequate settlement amount, forcing the injured party to go to court. One of the first steps in preparation for a personal injury trial is the discovery phase. Learn what to expect from discovery in Texas to better prepare yourself.

What Is Discovery?

Discovery in Texas is a pretrial process that allows both parties to prepare for a trial. It is the swapping of vital information and evidence between the parties so that everyone is on the same page by the court date. There are several different types of discovery that may be used to obtain information, including:

• Initial disclosures
• Requests for admissions
• Requests for production of evidence or documentation
• Depositions
• Interrogatories
• Independent medical examinations

A personal injury lawyer in Houston can explain each of these processes in more detail as they relate to your particular case. Note that you are required to comply with all discovery requests. If you try to refuse a request, you may receive a motion to compel, which will require you to act.

What Is a Deposition?

One of the key aspects of the discovery phase – and the process that is often the most daunting to plaintiffs – is the deposition. A deposition is essentially an interview where the attorney from the other side of the case will ask you questions and put your answers on the record. A deposition may be conducted in person, by telephone or in writing. It is your chance to tell your side of the story during an injury claim.

During a deposition, you will be sworn in, meaning you are legally obligated to tell the truth in your responses. You are allowed to have your lawyer attend the deposition with you to give you advice on what to say and what not to say. You can take as many breaks as you like and take your time in answering questions. If you do not know the answer to something, say so. A lawyer can help you prepare for a deposition so that it is less intimidating.

What Do You Have to Do During Discovery?

Texas state law requires a plaintiff to choose a discovery plan before a trial. There are three options, which you or your lawyer will choose from based on the specifics of your case:

1. Level one. This will only apply to your case if you are seeking less than $100,000 in financial compensation.
2. Level two. This level applies by default to all other cases and comes with specific deadlines.
3. Level three. This level allows both parties to agree on deadlines that work best for them. It is only available if the courts sign a discovery order.

The level you choose can determine matters such as when the discovery phase will begin and when depositions must be taken. If you hire a personal injury lawyer to represent you, your lawyer can handle accident investigation and the discovery phase on your behalf while you focus on healing from your injuries.

When to Contact a Personal Injury Attorney

If you believe your personal injury case will have to go to trial, contact an attorney in Houston right away. Having an attorney represent you during the discovery phase and an injury trial can be critical to the success of your case.

A lawyer can guide you through processes such as a medical examination, deposition and required disclosures while fully protecting your rights and pursuing your best interests. A lawyer can also work on negotiating a settlement during the discovery phase, as a settlement at any stage before the trial can resolve your case. Most importantly, you can enjoy greater peace of mind to focus on your recovery with a lawyer handling complicated litigation on your behalf.