Pre-Trial Discovery in MA Personal Injury Cases

If you’ve ever been a party to a personal injury lawsuit in Massachusetts, you’ve probably heard the term “discovery” mentioned by your attorney. Discovery plays an essential role in preparing cases for trial and potentially for settlement. It allows each party to understand the facts better, clarify any disputed issues, and evaluate the strengths and weaknesses of a claim.

Below, we discuss what you can expect during pre-trial discovery in a Massachusetts personal injury case, how discovery might impact negotiations, and why having a personal injury lawyer by your side would be helpful.

What is discovery?

Discovery is a formal process in which both parties, the plaintiff (injured person) and the defendant (at-fault party and/or their insurer), share relevant information about the case. Shared information includes facts, documents, witness information, and more. Not only does discovery serve as an information exchange, but both sides are able to ask questions. Together, with the collected information and documentation, the plaintiff and defendant can better assess the strengths and weaknesses of the case.

In Massachusetts, discovery generally occurs after the complaint has been filed and the defendant has responded to it. Specifically, the Massachusetts Rules of Civil Procedure lay out the methods that each side can use to obtain information. The law intends to give both sides the opportunity to prepare their arguments and avoid surprises at trial.

Why discovery matters in personal injury claims

Of course, each step in a personal injury case is important, but discovery may be one of the most important of them all. Discovery matters for several reasons, such as:

• Helping establish the facts of what happened and why they happened
• Allowing each side to evaluate the strength of their case
• Helping preserve evidence that could otherwise be damaged or lost
• Encouraging the parties to settle by showing each side the risks of taking the case to trial
• Protecting against unfair tactics or hiding information

While both sides benefit, for the plaintiff, discovery is an opportunity to gather information and evidence that supports their claim and to challenge the defense’s version of events.

Standard discovery tools in Massachusetts personal injury cases

Massachusetts courts allow several ways to obtain relevant testimony and materials.

Interrogatories

Interrogatories are written questions sent from one party to another. These might include:

• How did the accident occur?
• What injuries were sustained?
• What treatment was received?
• Are there any witnesses or prior injuries?

Under Massachusetts Rule of Civil Procedure 33, a defendant served with interrogatories must respond (or object) within 45 days of service, unless the court orders a different deadline. Your personal injury lawyer can help you answer these questions carefully and truthfully.

Requests for production of documents

Parties are allowed to request specific documents from the other party, such as:

• Medical records and bills
• Police reports
• Photos or videos of injuries or the accident scene
• Insurance policies
• Repair invoices
• Employment records (for lost wages claims)

These documents help tell the story of how the injury occurred, how it affected your life, and what damages you’re seeking.

Depositions

A deposition is a sworn testimony given outside of court by individuals involved in a lawsuit, including the plaintiff, the defendant, witnesses, medical providers, accident reconstruction experts, economists, vocational experts, etc. It can take place in person or virtually, with a court reporter present.

Attorneys ask questions of the person being deposed, who must answer under oath. Depositions are critical as they can be used to uncover inconsistencies or reinforce key facts.

Independent medical examination

Defense may request that the injured person undergo an independent medical examination (IME) conducted by a doctor chosen by the defense. An IME is to:

• Assess the severity of injuries
• Evaluate whether the injuries are consistent with the accident
• Determine if there are any pre-existing conditions

While these medical exams are supposed to be independent, they’re often biased in favor of the defense. As a result, your personal injury lawyer should prepare you carefully for the IME and stand ready to challenge results, if needed.

What to expect as a plaintiff during discovery

Discovery can feel intrusive, to say the least. Submitting medical records, answering personal questions, or going through an IME can be a lot. Still, it’s vital to understand that discovery is a standard process.

Assistance from a personal injury lawyer can help you navigate the various tools and steps in a lawsuit. That way, your rights are protected and you won’t be required to provide information that’s irrelevant or overly invasive.

How discovery impacts settlements

Many times, personal injury cases settle before going to trial, whether at the very outset of the claim or right before trial begins. Discovery is one of the determining factors in how negotiations unfold and what each side is willing to offer or accept. Here are a few ways in which discovery can influence settlements:

• If the evidence strongly favors the plaintiff, the other side may want to avoid the risk of trial, so they may offer a fair settlement.
• If the defense finds weaknesses, they may push for a low offer or decide to take the fight to court.
• Discovery often helps both sides understand the value of the case, helping the plaintiff and defendant set realistic expectations.

In some circumstances, getting ready for discovery or following through with depositions and requests for production might make settlement discussions more productive.

Discovery can define your case, so make sure you’re prepared

The discovery phase may not be the most exciting part of a personal injury case, but it’s undoubtedly one of the most important. What happens during discovery can determine if a case settles, how much is offered in settlement, and how strong your position is if the case ends up going to trial.

If you’ve been injured in Massachusetts and need a personal injury lawyer, contact The Law Offices of Gerald J. Noonan. Our team understands the discovery process inside and out and is ready to guide you every step of the way.