What is Discovery in a Personal Injury Case?

The legal version of discovery is actually kind of close to the everyday meaning of the word. Think of it like this: when a Portland personal injury attorney “discovers” evidence in a case, he or she shares it with the opposing party. Discovery was put in place to help ensure a fair, speedy, and less expensive trial.

Discovery in a personal injury case can take several forms. In Oregon state courts, discovery is governed by the Oregon Rules of Civil Procedure, and can include:

• Depositions (sworn oral testimony taken before trial)
• Production (making documents or items available for copying, including electronic information)
• Medical examinations
• Requests for admission (asking the other party to agree to certain facts in writing)

Privileged information is protected from discovery in a personal injury case, including private conversations between a client and his or her attorney, the attorney’s work product and trial preparation materials. Discovery in a personal injury case is also limited to matters relevant to the case. Lawyers are ethically bound to conduct discovery honestly and diligently while protecting attorney-client confidentiality at all times.

Read more about the discovery process, and then look for other information that can help you in your case.