Discovery Is the Most Important Part of Your Lawsuit

Soon after you file a personal injury or wrongful death lawsuit, you will enter the pretrial discovery phase (“discovery” for short). For many plaintiffs, this is the most important part of your case–and it demands your full cooperation. The more meaningfully you participate in discovery, the better your chances of a generous verdict or settlement down the road.

What is discovery?

Discovery is a formal legal process governed by the court, and judicial intervention occurs if one party refuses to comply. You might demand that the defendant provide you with a copy of the dashcam footage of a truck accident, for example. The defense has reciprocal rights—they can demand relevant evidence and information that is in your possession. In some cases you can demand evidence from a third party, such as a bank.

If one party refuses to reply with a legitimate discovery request, the court can respond in a variety of ways, including:

• A court order compelling discovery: Violation of a court order can result in contempt of court charges.
• Monetary sanctions (fines).
• Evidentiary sanctions: The court can bar the non-complying party from introducing evidence at trial that they refused to disclose during discovery.
• Issue sanctions: The court can deem certain facts or issues as established against the non-complying party. The judge might assume, for example, that the defendant was driving the car at the time of the accident.

A party who objects to a discovery request can challenge it before the court.

The four pillars of discovery

The four pillars of discovery are depositions, interrogatories, requests for the production of documents or objects, and requests for admissions.

Depositions

Depositions are out-of-court, under-oath Q & A sessions. The defendant’s attorney might question you, for example. Your lawyer might question the defendant’s expert witness to determine how persuasive they are likely to be in court.

Interrogatories

Interrogatories are written questions that the recipient must provide written answers to, typically within 30 days. The interrogatory does not have to seek admissible evidence. It might read, for example, “State the name of your liability insurance carrier(s) and the policy number(s) applicable to the incident, along with the limits of coverage for each policy.”

Requests for the production of documents or objects

You might need a copy of the waiver of liability that the defendant is using against you, for example. The defendant might seek photographs that you took at the scene of the accident.

Requests for admissions

Requests for admissions are written requests to the opposing party to admit the truth of certain facts or the genuineness of documents. This helps to narrow down disputed issues for trial. The parties largely cooperate during this phase, because it is in both parties’ interests to narrow down the issues at trial.

Discovery doesn’t have to seek admissible evidence

Discovery rules are broad—evidence is discoverable as long as it is reasonably calculated to lead to the discovery of admissible evidence. This means that even information not directly usable at trial may still be required to be turned over if it could lead to something that is.

Your role in discovery

Your active participation in the pretrial discovery process can drastically increase your chances of winning.

• Answer Interrogatories: Your attorney will work with you to draft written, sworn answers to questions from the defendant’s lawyer.
• Gather documents to turn over to the defendant. You might submit wage statements, tax returns, or other income documentation if you’re claiming lost wages, for example.
• Attend your deposition: Your attorney will thoroughly prepare you for this. The defendant’s attorney will question you under oath about every aspect of your accident, your injuries, your medical treatment, and your damages.
• Undergo an Independent Medical Examination (IME) of your injuries.
• Provide information about witnesses so that your lawyer can interview them.
• Collect evidence that helps prove your claim. Even if you have to allow the defendant to access this evidence during discovery, it can work to your benefit if it convinces the defendant to settle on your terms.

This is just a sampling of some of the ways you can assist with your own case.

How the quality of your participation in discovery can make or break your case

A well-prepared plaintiff who diligently gathers and turns over documents, answers questions truthfully and completely, and appears credible during depositions sends a powerful message: this case is trial-ready. That alone can pressure the defense into offering a strong settlement rather than risking an unfavorable jury verdict.

Discovery and settlement

The pretrial discovery process is designed for use at trial. That doesn’t mean you can’t use the evidence you gather during discovery to push for a settlement. Judges like this approach because settlements reduce the size of their overcrowded dockets. You can use the evidence you gain during discovery to prove to the defendant that resistance is futile and that acceptance of your settlement offer is better than taking a chance of a trial with a runaway jury.

How discovery shapes trial strategy

Beyond its role in evidence gathering, discovery is essential for developing your trial strategy. The information exchanged during this phase reveals your opponent’s strengths, weaknesses, and likely tactics.

If a defendant’s deposition shows inconsistency or evasiveness, your attorney might choose to highlight that at trial to undermine their credibility. Conversely, if an expert witness for the defense appears persuasive and well-prepared, your lawyer can begin crafting a targeted cross-examination strategy well in advance.

Discovery also gives you a preview of the opposing side’s narrative. Through interrogatory responses and document production, you can understand how the defense intends to frame the incident. This allows your legal team to prepare counterarguments, find rebuttal witnesses, and gather contrary evidence before it’s too late.

Moreover, the discovery process often brings key factual issues into focus. This clarity helps refine your demands during settlement negotiations. If a damaging document or testimony emerges, it could dramatically alter the balance of power in your favor.

In short, effective discovery isn’t just about collecting evidence. It’s about shaping the entire trajectory of your case, from the negotiation table to the courtroom. A thorough and strategic approach during this phase sets the stage for a successful resolution.

Talk to a Los Angeles personal injury lawyer about your claim

Los Angeles personal injury law firm McNicholas & McNicholas has won over $2 billion in settlement and verdicts on behalf of its clients. That’s more than the annual GDP of more than a dozen of the world’s nations. The best part is that we charge zero in attorney’s fees unless we win your case.